An employment tribunal has found a cabin crew manager with Flybe was subject to indirect sexual discrimination when the employer refused to negotiate on working hours following the birth of her child. … Read More
Category Archives: Employee Relations
Disability Discrimination Due to the Effects of Dyslexia
An Employment Tribunal has found that an employer discriminated against their employee by not taking their dyslexia into account during their disciplinary process.
Kumulchew v Starbucks provides an illustration of how failing to consider disabilities in the working environment may result in disability discrimination claims. … Read More
The EAT provides further clarity on Early Conciliation.
The Employment Appeal Tribunal has provided clarity on the requirements for Early Conciliation and the discretion available to an Employment Tribunal under its general case management powers.… Read More
What is a Disability?
In the United Kingdom, the general question of what constitutes a disability is extremely subjective and although the protection afforded by the Equality Act 2010 only applies to those with disabilities falling within the specific definition contained in that Act, there are other public definitions and requirements which are used to determine eligibility for such things as financial allowances or participation in mobility schemes. … Read More
Developing the UK’s Disability Legislation.
This is the first of a series of articles on disability related employment legislation. In this article I look at the background, history and sources of disability legislation in the United Kingdom.… Read More
Why would Eva Carneiro take the “Special One” to court rather than Chelsea?
With reports that Eva Carneiro has initiated separate legal actions against both Chelsea and Jose Mourinho relating to her departure from the Premiership football club, why would an individual take an individual to court rather than an employer?… Read More
When HR fails to ensure procedural fairness.
In allowing an appeal against an Employment Tribunal ruling, the EAT questioned the fairness of HR intervention when making a decision in the disciplinary process.
In the recent case of Ramphal v Department of Transport the Employment Appeal Tribunal [EAT] questioned the intervention of the HR department in that there had been a significant change in the opinion of the manager hearing the case following their interactions. … Read More
Wrongful dismissal, unfair dismissal and gross misconduct?
After two years of employment an employer must have a “fair” reason to terminate an employee. A potentially fair reason for the termination of employment is an employees misconduct, but when does a disciplinary matter become gross misconduct?… Read More
£16,700 awarded to applicant who couldn’t work Saturdays
Religious indirect discrimination legislation has been in place since 2003 but some employers still do not understand their obligations or appreciate the potential of damage to their businesses.… Read More
