Tribunal’s failure to allege dishonesty amounted to a serious procedural irregularity

In Stuart Harris Associates Ltd v Gobudhun [2023] EAT 145 the EAT dismissed the respondent employer’s appeal against the decision of the employment tribunal that held that: first, the claimant employee had been constructively dismissed; and second, the respondent had been either dishonest or incompetent when they engaged in the expenses practice that had led… >>

Individual providing services through genuine partnership cannot be an employee (Anglian Windows v Webb)

If there is an agreement between a genuine partnership and an employer for the partnership to provide certain services, then, providing that the arrangement is not a sham, there cannot also be an employment relationship between the individual partner providing those services and the employer, and, accordingly that partner cannot bring a claim of unfair… >>

ET hearings to be recorded under new Presidential Practice Direction and Guidance

The President of the Employment Tribunals in England and Wales, Barry Clarke, and the President of the Employment Tribunals in Scotland, Susan Walker, have published a joint Practice Direction, and joint Presidential Guidance, on the recording of employment tribunal hearings and the transcription of such recordings. The two documents take effect from Monday 20 November… >>

Additional pay cannot be triggered by same hours worked by part and full-timers (MK v Lufthansa CityLine)

Directive 97/81, the Part-time Work Directive precludes national legislation which makes the payment of additional remuneration for part-time workers and comparable full-time workers uniformly contingent on the same number of working hours being exceeded in a given activity, such as a pilot’s flight duty, in order to compensate for a workload particular to that activity,… >>

Acas updates its guidance on ‘supporting mental health at work’

The Advisory, Conciliation and Arbitration Service (Acas) has updated its guidance on ‘supporting mental health at work’ with a new subsection entitled ‘Having a policy’ which sets out what a mental health policy should include. Pro Employment LawFormed in 2017, following significant legislative changes designed to increase competition within the legal services marketplace, Pro Employment… >>

Disbelief in structural racism can be protected, employment tribunal says

Opposition to critical race theory can be considered a philosophical belief and is a protected characteristic under UK equality laws, an employment judge has ruled in a discrimination claim brought against Acas, the government’s workplace conciliation service. In a judgment dated 11 September 2023, Employment Judge Kirsty Ayre said that Sean Corby’s views on critical… >>