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The recent case of Forrester-Hayes v Scania GB Ltd has shed light on how employment tribunals assess dismissals where the dismissed employee had ADHD. In this case, Mr Forrester-Hayes (F-H) was employed as an apprentice in a garage. After suspecting colleagues had “tampered with his lunch”, he sent…
Read moreThe recent Supreme Court ruling has clarified the definitions of "man," "woman," and "sex" in the context of the Equality Act 2010. The judges unanimously ruled that a woman is defined by biological sex. This decision has immediate implications for the workplace, particularly regarding the provision…
Read moreCan an employer’s working arrangements amount to indirect discrimination for employees who have childcare responsibilities? In Dobson v North Cumbria Integrated Care NHS Foundation Trust 2023, Mrs Dobson (D), a community nurse, had three children, two of whom were disabled. As a result, she worked…
Read moreEmployers who do not undertake right to work checks risk a 5-year prison sentence and face an unlimited fine if they knew, or had reasonable cause to believe, that an applicant does not have the right to work in the United Kingdom. This includes knowing that the person: Does not have permission…
Read moreThe legislation holds an employer negligent if an employee is injured in the course of employment as a result of defective equipment provided by the employer for the purpose of the employer’s business, and the defect is attributable wholly or partly to the fault of a third party (whether identified…
Read moreThe Question Does a transgender woman with a Gender Recognition Certificate (GRC) qualify as a woman for the purposes of the Equality Act 2010? The Answer The Scottish Supreme Court ruled that sex in the Equality Act 2010 refers to biological sex, therefore a transgender person does not qualify a…
Read moreCan an individual providing personal services to customers via their personal services company, be regarded as an employee of the customer? The recent decision of the Upper Tribunal (UT) in the case of Mantides v HMRC suggests that, on the facts of that case, an individual providing personal servic…
Read moreThe Employment Appeal Tribunal overturned an award of £10,000 for injury to feelings for an act of pregnancy and maternity discrimination in the recent case of Eddie Stobart Ltd v Graham. This was on the basis that the Employment Appeal Tribunal decided that the award was manifestly excessive compar…
Read moreThe UK government announced significant increases to the National Minimum Wage (NMW) and National Living Wage (NLW), effective from April 1, 2025. These changes aim to boost earnings for over three million workers across various age groups, which are outlined below. Although the increases were wel…
Read moreIn the recent case of Gibbons v Vale University Local Health Board, the tribunal was asked to rule whether the hospital employer had done enough to facilitate the employee to breastfeed. The tribunal upheld her complaint of harassment. G worked as a support worker in a hospital. While on maternity…
Read moreThe Employment Tribunal has held that an employer’s termination for a substantial sickness absence record still amounted to unfair dismissal. This was because the employer did not act reasonably towards the employee and did not recognise the employee’s disability. A dismissal simply on historic abs…
Read moreRegular and prolonged exposure to vibration, can lead to debilitating injuries to the fingers, hands and arms, causing pain and damage to nerves, affecting blood supply, joints and muscles and eventual loss of sensation. This condition, known as HAVS, is permanent and cannot be treated. The problem…
Read moreWith NIC and NMW rates increasing in April 2025, UK businesses are feeling the pressure. Recent surveys have indicated that many firms are planning to cut jobs, freeze recruitment, and scale back investment to manage rising costs.
Read moreIn the case of Higgs v Farmor’s School, a practicing Christian (H) worked as a school counsellor. Her contract of employment was terminated on the grounds of gross misconduct after she posted comments on Facebook criticising relationship education in schools. Her primary comments centred around tran…
Read moreEmployers often face the situation when they have to assess what is a disability and what amounts to actual misconduct in the workplace. An employee will be protected by the Equality Act 2010 if they are covered as a disabled individual. The Act considers certain individuals to have a deemed disab…
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Ramadan represents a very important religious time of the year for Muslims. During this month, Muslims abstain from eating, drinking, and smoking between sunrise and sunset.
Read moreAs of January 2025, Tribunals now have enhanced powers to increase awards up to 25% in cases where the employers fails to follow collective consultation obligations and the Code of Practice on Dismissal and Re-engagement.
Read moreNumber 10 A logistics company was fined £1m after an employee fell down 10m fracturing his skull, pelvic, arm, wrist, and ankle. He had fallen through an open hole in the driver’s cab of a straddle carrier, landing on the concrete floor below. Number 9 A chemicals company was fined £1.1m. A man…
Read moreThe Answer In the case of MacLennan v BPS 2024, the employment tribunal ruled that because the trustee in question, who had been elected to the post of President-Elect of the British Psychology Society for the charity, only worked on a voluntary basis thus was not employed by the charity in the cap…
Read moreIn the recent case of Deksne v Ambitions Ltd (2024), the claimant brought a claim against her employer for unlawful deductions from wages, specifically with regard to an underpayment of her holiday pay. Deksne alleged that she was underpaid her holiday pay starting from August 2020 and final holiday…
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