The Employment Appeal Tribunal (EAT) has ruled that an individual cannot bring a discrimination claim based on an advertisement for a job they had no interest in taking. There can be no discrimination where the advert has not had…
The Government has confirmed that the ‘Default Retirement Age’ (DRA) will be abolished in order to give people more choice as to when they stop working. Currently, the DRA enables employers to make staff retire at 65, regardless of…
What is TUPE? TUPE is an acronym for the Transfer of Undertakings (Protection of Employment) Regulations 2006. Where TUPE applies, employees automatically transfer from one employer to another with their terms of employment and continuity of service intact. When…
Prior to the introduction of the Equality Act 2010, the position on discrimination by association was inconsistent across the various strands of discrimination law and far from clear. For example, the wording of the Disability Discrimination Act 1995 (DDA)…
In the past, the Employment Tribunal had to decide whether or not someone who was repeatedly taunted as being gay could be a victim of harassment under the Employment Equality (Sexual Orientation) Regulations 2003, even where that person was…
Nadia Eweida, the British Airways (BA) employee who earlier this year lost her case at the Court of Appeal that she was the victim of religious discrimination because she was not allowed to wear a silver crucifix at work if…
The Employment Appeal Tribunal (EAT) has ruled (Wood v London Colney Parish Council) that where the economic activity of a bar was temporarily suspended, owing to the loss of the premises licence, this did not prevent a relevant transfer…
Section 57A(1) of the Employment Rights Act 1996 (ERA) entitles an employee to take a reasonable amount of time off work in order to take action which is necessary for dependants, for example if they are ill or injured…
When an employee is sacked for gross misconduct, has the employer breached his contract of employment? This was the question before the courts in Dunn and another v AAH Ltd. Stephen Dunn was the Managing Director of AAH Ltd.,…
The Government has published a review on the current state of health and safety legislation in the UK, entitled Common Sense – Common Safety. The report identifies numerous factors that currently combine to create an adverse climate for what…