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Supreme Court restores High Court injunction restraining Tesco from ‘firing and rehiring’ employees on less favourable terms

In Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024] UKSC 28, in a unanimous decision in which Lord Burrows and Lady Simler delivered the leading judgment, the Supreme Court agreed with the previous High Court decision and restored the injunction restraining Tesco from terminating employment contracts for the specific purpose… >>

20 September 2024

Apple wins sex bias case over remote work refusal

In Torres v Apple (UK) Ltd, ET case number 2212766/2023, Apple defeated claims that it directly or indirectly discriminated against a female Spanish employee by ordering her to return to her London-based role as part of a post-pandemic policy, an employment tribunal has ruled. It also successfully defended claims of constructive unfair and wrongful dismissal.

16 September 2024

Next Retail workers win landmark £30m equal pay claim

In Thandi v Next Retail Ltd (ET/1302019/2018) a group of retail workers has won a landmark equal pay case against high street fashion chain Next. The employment tribunal ruled that more than 3,500 sales consultants, mostly female, were right to claim that Next Retail Ltd had broken the law by paying them a lower basic… >>

30 August 2024

Air travel company’s flexible working policy disadvantaged women

In Zaidi v Dnata Ltd (ET/3302697/2022) a female airport worker has won her indirect sex discrimination case against an air travel services provider, with a tribunal ruling that the company’s policy that staff work any shift put women at a disadvantage because it conflicted with childcare commitments.

23 August 2024

Constructive dismissal: ET erred by taking into account claimant’s failure to appeal grievance outcome when deciding whether the employer was in repudiatory breach

In Nelson v Renfrewshire Council [2024] EAT 132 the EAT held that the employment tribunal had wrongly taken into account the claimant’s failure to appeal the outcome of her grievance when deciding whether or not the employer’s conduct amounted to a breach of the implied term of mutual trust and confidence. It is the employer’s… >>

16 August 2024

TPC’s consultation on changes to procedure rules in ETs (England & Wales) and ETs (Scotland)

The Tribunal Procedure Committee (TPC) has launched a consultation seeking views on potential amendments to the rules for each Chamber of the First-tier Tribunal and the employment tribunals (ETs) regarding the provision of written reasons for decisions. The procedural rules that apply to ETs are contained in Schedule 1 to the Employment Tribunals (Constitution &… >>

9 August 2024

Former Royal Mint HR director partly successful in disability claim

In Bradley v The Royal Mint Ltd (ET Case No 1601525/2022), the Cardiff Employment Tribunal concluded that the Royal Mint discriminated against its Human Resources director for a reason arising in consequence of her disability (of depression, anxiety and attention deficit hyperactivity disorder) by denying her request to rescind the resignation that she submitted while… >>

2 August 2024

Acas publishes annual report for 2023 to 2024

Acas has published its 2023–24 annual report. Acas reports that for the 12-month period from 1 April 2023 to 31 March 2024: • Acas was involved in 618 collective conciliations (between employers and groups of workers), a slight reduction from 621 in the previous 12 months, with a 94% settlement rate. Pay was the leading… >>

26 July 2024