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Charles Pigott
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The Employment Appeal Tribunal has upheld two separate employment tribunal decisions about Oxford University’s compulsory retirement age for academic staff, even though they reached opposite conclusions on whether or not it was justified. In the first decision, published in May 2019, an employment tribunal dismissed a claim by Professor Pitcher... Continue reading
Posted Sep 30, 2021 at Mills & Reeve: HR Law Live
On Monday 11 October HR law live will be moving over to the Mills & Reeve website alongside nine other blogs to further enhance our ever expanding legal insights section, also containing legal briefings, news, webinars and events. The newly named employment blog will continue to publish the same regular... Continue reading
Posted Sep 28, 2021 at Mills & Reeve: HR Law Live
An employment tribunal has upheld a claim for indirect disability discrimination brought by a worker caring for a disabled adult. Although not binding on other tribunals, this is believed to be the first time a tribunal has accepted that such a claim can be brought by a worker who is... Continue reading
Posted Sep 27, 2021 at Mills & Reeve: HR Law Live
Yesterday’s consultation on flexible working explores five ways current legislation could be changed to support “genuine two sided flexibility”. It also sets out the Government’s other plans for making flexible working “part of the workplace DNA”. Exploring ways to change current legislation The consultation addresses five elements of the current... Continue reading
Posted Sep 24, 2021 at Mills & Reeve: HR Law Live
In a case with highly unusual facts, the EAT has upheld a tribunal’s ruling that the dismissal of an employee director had been fair, despite the failure to provide him with an opportunity to appeal. Gary Moore is the founder and former CEO of a company that manufactures and markets... Continue reading
Posted Sep 1, 2021 at Mills & Reeve: HR Law Live
According to a recent decision from the Employment Appeal Tribunal, the third requirement (relating to auxiliary aids) compromised in the duty to make reasonable adjustments can often be overlooked. The first two requirements, triggered by the application of a provision criterion or practice (PCP) and the physical features of premises... Continue reading
Posted Aug 25, 2021 at Mills & Reeve: HR Law Live
Two recent employment tribunal decisions have shed light on the way employers are expected to approach redundancy dismissals during the currency of the Coronavirus Job Retention Scheme. While it is for the employer to decide whether or not to use the scheme in a COVID-related redundancy situation, failing to consider... Continue reading
Posted Aug 24, 2021 at Mills & Reeve: HR Law Live
Operational guidance for the vaccination of people working or deployed in care homes was published on 4 August. It provides much useful information on the steps care home managers now need to take to implement the regulations, which from 11 November will require most people aged 18 and over entering... Continue reading
Posted Aug 5, 2021 at Mills & Reeve: HR Law Live
ACAS recently published practical guidance for employers on hybrid working. Although released prior to 19 July, the guidance was drafted assuming that “Freedom Day” would go ahead and so remains valid. ACAS’s guidance is a useful reminder of current best practice and reinforces the insights from our recent webinar series... Continue reading
Posted Jul 28, 2021 at Mills & Reeve: HR Law Live
Last week the Government published its response to the 2019 consultation on sexual harassment in the workplace. Although primarily prompted by concerns about sexual harassment, the Government has previously said that any new measures introduced will extend to all forms of harassment prohibited by the Equality Act. The key proposals... Continue reading
Posted Jul 26, 2021 at Mills & Reeve: HR Law Live
The European Court of Justice has returned to the issue of when an employer’s instruction to remove a headscarf is discriminatory because of religion or belief. Four years ago the Grand Chamber considered this issue following references from France and Belgium. This time round it has considered two references from... Continue reading
Posted Jul 22, 2021 at Mills & Reeve: HR Law Live
Following last week’s announcements confirming that England will be moving to stage 4 on 19 July, the government has published new guidance which will apply from that date. The devolved nations are making slightly different arrangements about the lifting of the remaining COVID lock-down restrictions, though all the UK is... Continue reading
Posted Jul 15, 2021 at Mills & Reeve: HR Law Live
The working from home guidance is one of many COVID restrictions that are due to be removed on 19 July in England. Yesterday, to accompany the Prime Minister’s announcement, the Government published COVID Response: Summer 2021 which contains more information about how it intends to manage the lifting of most... Continue reading
Posted Jul 6, 2021 at Mills & Reeve: HR Law Live
Two recent cases from the Employment Appeal Tribunal illustrate some potential pitfalls when women with childcare responsibilities are asked to move away from fixed working hours. In order to establish a claim for indirect sex discrimination in these circumstances, the claimant needs to establish two things: That the employer has... Continue reading
Posted Jun 24, 2021 at Mills & Reeve: HR Law Live
The Employment Appeal Tribunal has reversed the employment tribunal’s decision that Maya Forstater’s belief that “biological sex is real, important, immutable and not to be conflated with gender identity” did not qualify for protection under the Equality Act as a religious or philosophical belief. But, since this was determined as... Continue reading
Posted Jun 22, 2021 at Mills & Reeve: HR Law Live
The Government has now offered an explanation for the absence of an Employment Bill in the 2021 Queen’s Speech. In a response to a letter from the Chairs of the Work and Pensions and BEIS Committees, the BEIS Secretary Kwasi Kwarteng has said that the Bill will be brought forward... Continue reading
Posted Jun 8, 2021 at Mills & Reeve: HR Law Live
The Employment Appeal Tribunal has confirmed that once an employer has committed a fundamental breach of contract, the employee does not have to accept an offer to make amends, but remains entitled to rely on the breach and bring a claim for constructive unfair dismissal. This principle of employment law... Continue reading
Posted Jun 7, 2021 at Mills & Reeve: HR Law Live
A recent decision from the Employment Appeal Tribunal involving a worker diagnosed with Asperger’s syndrome offers new guidance on the correct approach to assessing whether workers with neurological impairments are protected by the Equality Act. The claimant had worked for Dorset County Council as a geographical information systems manager for... Continue reading
Posted May 17, 2021 at Mills & Reeve: HR Law Live
In one of the first tribunal cases to emerge from the first national lockdown, an employment tribunal has ruled that an employee had been fairly dismissed for refusing to come into work. Mr Rodgers had worked for Leeds Laser Cutting as a laser operator since June 2019. Mr Rodgers texted... Continue reading
Posted May 11, 2021 at Mills & Reeve: HR Law Live
In a significant recent decision, the Employment Appeal Tribunal has decided that workers are not entitled to payment on termination for annual leave which has been taken but not paid for in previous years. The case centred on the application of an earlier decision from the European Court of Justice,... Continue reading
Posted Apr 19, 2021 at Mills & Reeve: HR Law Live
Although there will be comparatively few changes to substantive employment law this Spring when compared to previous years, there are still a number that are worth noting. Immigration: Some significant changes to the UK’s immigration rules will take effect on 1 April, including updating the shortage occupation list. We explain... Continue reading
Posted Mar 31, 2021 at Mills & Reeve: HR Law Live
Asda's final appeal against the employment tribunal’s ruling on the issue of comparators has now been dismissed by the Supreme Court. In doing so it has signalled the need to apply the equal pay legislation “with confidence…with Parliament’s purpose clearly in mind.” The claimants and their proposed comparators worked at... Continue reading
Posted Mar 30, 2021 at Mills & Reeve: HR Law Live
The Government has published a Statement of Changes to the UK Immigration Rules which contains changes to work and study visa routes from April 2021. This followed hot on the heels of other changes announced by the Chancellor in the Budget on 3 March 2021. Key changes of relevance to... Continue reading
Posted Mar 15, 2021 at Mills & Reeve: HR Law Live
In two related appeals, the Court of Appeal has explored the limits that employers can legitimately place on the freedom of expression of their senior staff. Richard Page, the appellant in both appeals, is a Christian with strongly-held religious beliefs about homosexuality. He was both a lay magistrate and a... Continue reading
Posted Mar 11, 2021 at Mills & Reeve: HR Law Live
Now that the guidance has been updated following the Chancellor’s announcement in last week’s budget, we know a little more about how the latest extension of the Coronavirus Job Retention Scheme will work. For more information, see our recently updated FAQ document. The key points can be summarised as follows:... Continue reading
Posted Mar 8, 2021 at Mills & Reeve: HR Law Live