Prohibited conduct

A British university unfairly sacked a professor for saying that Zionism is a racist ideology, a tribunal has ruled, concluding that the academic institution discriminated against him because his views were protected beliefs. Pro Employment LawFormed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is… >>

Whistleblowing—Job applicant not entitled to make detriment claim (unless NHS) (Sullivan v Isle of Wight Council)

Only workers are entitled to bring claims in respect of whistleblowing when they have suffered detriment and/or dismissal because of making a protected disclosure. Job applicants do not have the same protection, unless they fall within the provisions for applicants for positions with certain specified NHS employers, according to the EAT. Pro Employment LawFormed in… >>

Gender-critical professor wins discrimination case against university

A gender-critical professor has persuaded an employment tribunal that a university harassed and discriminated against her based on her views before unfairly pushing her to resign. Employment Judge Jennifer Young ruled on 22 January 2024 that Open University professors led a ‘call to discriminate’ against Professor Jo Phoenix by releasing an open letter protesting against… >>

HMCTS updates guidance following release of new version of CVP

HM Courts and Tribunals Service (HMCTS) has updated the guidance on How to join a Cloud Video Platform (CVP) hearing following the release of the new version of CVP. Pro Employment LawFormed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment Law is a progressive set of… >>

Unknown future claims can be waived in a settlement agreement if sufficiently particularised (Bathgate v Technip Singapore PTE)

The various protections for the employee built into section 147 of Equality Act 2010 (EqA 2010) do not exclude the settlement of future claims so long as the types of claim are clearly identified and the objective meaning of the words used encompassed settlement of the relevant claim. A settlement agreement can relate to a future… >>

Court of Appeal rules that a one-off payment paid in recognition of changes to a pension scheme is subject to income tax and NICs (Revenue and Customs Commissioners v E.On UK plc)

The Court of Appeal allowed HMRC’s appeal against a decision of the Upper Tribunal (UT) that a ‘facilitation payment’ made as part of a package of incentives offered by the respondent to its employees who were members of its defined benefit pension scheme in recognition of proposed changes to the scheme was not ‘from an… >>

Unfair dismissal—written grievances, Acas uplift and contractual terms limiting loss ((1) SPI Spirits (2) Shefler v Zabelin)

A grievance must be in writing for the Acas Code on Disciplinary and Grievance Procedures to apply but, once that has occurred, if new grievances arise they do not each have to be put in writing for the Code to be engaged, unless there is a ‘material change’ in the nature or scope of the… >>

Employment tribunal and EAT quarterly statistics for the period July to September 2023

The number of single claimant cases received by, disposed of by and remaining outstanding in, employment tribunals all decreased, by 1%, 3% and 17% respectively in Q2 2023–24, compared to the same period a year ago, and in Q2 2023–24 the number of multiple claimant cases received by, disposed of by and remaining outstanding in,… >>

Court of Justice potentially allows workplace headscarf ban

The Court of Justice ruled on 28 November 2023 that a ban imposed by a Belgian municipality on Islamic headscarves in the workplace might not indirectly discriminate against a Muslim office manager, even if a prohibition on religious signage affected her more than others. Pro Employment LawFormed in 2017, following significant legislative changes designed to… >>