Reinstatement and reengagement
One of the remedies available for unfair dismissal is an order for reinstatement or reengagement. Reinstatement means returning the employee to his or her original job.
Indirect sex discrimination
The UK is still a member of the EU and so decisions of the European Court of Justice continue to be binding on UK courts when interpreting areas covered by EU law – such as discrimination.
Voluntary redundancy
Employers will often consider offering an incentive to employees to volunteer for redundancy in order to reduce the need for compulsory redundancies
Workplace behaviour
With sexual harassment so much in the news, this is a good opportunity for employers to make sure that they are taking adequate steps to protect themselves from claims.
Whistleblowing
An employee is entitled not to be dismissed for whistleblowing – or making a ‘protected disclosure’ to use the language of the legislation.
National Stress Awareness Day
Stress is, unfortunately, becoming more and more widespread in our day to day life, this is especially true in the workplace. Managing your health and safety can add to this stress, especially if you don’t have the knowledge and experience to back this up with. THSP have designed an interactive Risk Assessment Builder which can help take some of this stress away.
Is a failure to conduct an appropriate risk assessment for a breastfeeding employee sex discrimination?
Is a failure to conduct an appropriate risk assessment for a breastfeeding employee sex discrimination?
Half the pay for half the work? British Airways v Pinaud
People who work part-time are protected from being treated less favourably than their comparable full-time colleagues. The question in Ms Pinaud’s case was whether working more than 50% of full-time hours but not being paid more than 50% of a full-time salary was less favourable treatment.
Monitoring Communications Barbulescu v Romania
Back in 2016, the European Court of Human Rights (ECtHR) held that a worker in Romania who had been dismissed for his personal use of the internet at work had not been dismissed unfairly because of the employer’s monitoring of his internet usage.
Mr Barbulescu had sent messages to his brother and fiancée via his work-related Yahoo account. He later argued that, by monitoring his use of the internet and by using his Yahoo messages in disciplinary proceedings, his employer had breached his right to respect for private life and correspondence.
Race Discrimination Kansal v Tullett Prebon Plc
Mr Kansal was northern Indian, Punjabi in origin and a UK national. He brought nine specific complaints of direct discrimination against his employer.
Two of those complaints made it to the EAT. The first was that he had been sidelined and excluded from transactions; he had been left out of pitches. The second was that he had been told that he could no longer work from home.