Employment and HR

• Treating Every Employee in the Same Way May Itself Be Discriminatory

  • Posted8 December 2023

  Anti-discrimination laws are often viewed as requiring employers to treat all their staff in the same way. However, as an Employment Tribunal (ET) ruling made plain, the positive duty to...

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• Not Every Procedural Defect Will Render a Dismissal Unfair – Guideline Ruling

  • Posted27 November 2023

  Deficiencies in a workplace disciplinary procedure will very often render a dismissal unfair – but not always. The Employment Appeal Tribunal (EAT) made that point in finding that a hospital...

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• Disability Discrimination – Corner Shops Owe the Same Duties as Multinationals

  • Posted9 November 2023

  Small businesses not blessed with human resources departments can find it hard to accommodate disabled members of staff who need to take time off work. However, as an Employment Tribunal...

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• Employment Status, Control and Mutuality of Obligation – Guideline Ruling

  • Posted31 October 2023

  There is no reason in principle why someone who is a shareholder and controlling director of a company cannot also be its employee. However, as an Employment Tribunal (ET) ruling...

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• School Inspector Sacked for Touching Pupil Succeeds in Unfair Dismissal Claim

  • Posted18 October 2023

  It is obviously impractical for employers to have in place disciplinary policies that set out each and every form of frowned-upon conduct. However, as an Employment Appeal Tribunal (EAT) ruling...

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• Retail Worker Sacked for Smoking at Work Succeeds in Unfair Dismissal Claim

  • Posted5 October 2023

  Even where employees have committed gross misconduct, dismissing them may be unreasonable. An Employment Tribunal (ET) made that point in the case of a store supervisor who was sacked for...

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