In Luton Borough Council v Haque, the Employment Appeals Tribunal clarified the procedure that should be adopted when calculating the limitation date for issuing a claim following Acas Early Conciliation. Initiating the Acas Early Conciliation procedure In the vast majority of employment claims, claimants are obliged to initiate the Early Conciliation procedure before issuing a … Continued
In the case of Lofty v Hamis t/a First Café, the Employment Appeal Tribunal (EAT) considered whether an in situ cancer (where cancerous cells were present in the skin but had not spread to other parts of the body) was cancer for the purposes of the Equality Act 2010. Cancer, disability and the Equality Act 2010 … Continued
The Equality and Human Rights Commission (EHRC) has produced Turning the tables: ending sexual harassment at work, a report aiming to expose the reality of workplace sexual harassment. The legal definition of ‘sexual harassment’ is unwanted conduct of a sexual nature that is meant to, or has the effect of, violating someone’s dignity or creating … Continued
In The Chief Constable of Norfolk v Coffey, the Employment Appeal Tribunal (EAT) ruled that it is direct disability discrimination to treat someone less favourably on the basis of an erroneous perception that an individual’s impairment would have a substantial adverse effect in the future.
The answer to this question of what amounts to unfavourable treatment was recently considered in the Court of Appeal case of Andrew Williams v The Trustees of Swansea University Pension & another  EWCA 1008.
The Equality Act 2010 says that employers must provide men and women with the same contractual terms, including pay, when doing work of equal value. In October 2016, approximately 7,000 people succeeded in the first part of their claim against Asda for equal pay in Brierley and others v Asda Stores Ltd, determining whether their … Continued
In O’Brien v Bolton St Catherine’s Academy, the Court of Appeal found the dismissal of an employee who was on long-term sickness absence to be unfair and an act of disability discrimination. Ms O’Brien was a teacher and head of department who was absent from work for more than 12 months as a result of … Continued
Defining disability and determining whether an individual is disabled can often create problems for an employer and, indeed, an Employment Tribunal. The starting point is the Equality Act 2010, which contains a broad definition of what will constitute a disability at section 6: “(1) A person (P) has a disability if— (a) P has a … Continued
It has long been the case that discrimination claims can be brought against individual employees and employers. However, employers’ responsibility for the discriminatory actions of individuals is not just limited to employees carrying out their normal duties. In Unite the Union v Nailard, the Employment Appeal Tribunal (EAT) found that a union could be held … Continued
The Safety Representatives and Safety Committees Regulations 1977 give health and safety representatives the right to paid time off their usual role to carry out their duties as health and safety representatives. The recent Employment Appeal Tribunal case of Mr A P Rowe v London Underground Ltd UKEAT/0125/16/JO looked at the compensation payable where an … Continued
Interpretation of the definition of ‘protected characteristics’ under the Equality Act 2010 (EqA) arises frequently in Employment Tribunal claims. This article considers a recent case on race discrimination involving migrant workers. When is an attribute inextricably linked to race to the extent that unfavourable treatment on the basis of that attribute can allow for a … Continued
The question of whether an employer should adjust trigger points for disciplinary action under their attendance policies in respect of disabled employees was at the centre of the recent Employment Appeal Tribunal (EAT) decision in Griffiths v Department for Work and Pensions. The impact of this decision on how employers should handle disability related absence under … Continued