The whole strategy of political parties briefing on what a politician 'will say' and the media reporting on what is just a PR exercise is something that infuriates me rather than, you know, wait until the politician has made their speech and then reporting on that. With that in mind what follows will strike readers … Continue reading Labour Party to promise new flexible working rights
Nearly all persons wanting to make an employment tribunal claim must first have received an Earl conciliation certificate from ACAS to enable them to lodge their claim. This applies even if a claimant does not wish to undertake conciliation. Paragraph 9 of schedule 1 of the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) … Continue reading What is an email address?
Being 'fair' is, according to to Cambridge Online dictionary, the act of treating someone in a way that is right or reasonable.' That being the case when the Employment Rights Act 1996 boldly asserts that every employee "has the right not to be unfairly dismissed by his employer" it looks like Parliament made an expansive … Continue reading All’s Fair?
The PCS Assistant General Secretary elections are now in progress with each candidate on the search of branch nominations, the magic number being fifteen at which a candidate guarantees a place on the ballot of all members. I do not think any candidate is likely to struggle to meet this number. John Moloney, the candidate … Continue reading Plato, Pay and PCS’ Independent Left
In this third post on direct discrimination I am going to comment on the role of section 136(2) of the Equality Act which provides that when considering a discrimination complaint that If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision … Continue reading Direct Discrimination: Burden of Proof
In this second post I want to give some thoughts on causation. As explained in the last post, direct discrimination occurs when a person is treated worse than another person because of a protected characteristic. It is not, therefore, enough that a black worker has been treated less favourably than a white worker by being … Continue reading Direct Discrimination: Causation
Over the next couple of days I will be posting a four part series on direct discrimination, specifically on the role of intent, causation, proving discrimination and what defences are available. It is not a detailed explanation but an introduction to these four aspects. To someone who has not had personal experience of the legal … Continue reading Direct Discrimination: Reason and Intention