Employment and Trade Union Law
In November last year the government announced an additional bank holiday in recognition of the Queen's fiftieth year as monarch. Republican though I may be if someone's offering me an additional day's holiday I'll take it! Will everyone be entitled to it though? When announced that was the impression the government gave, this is from … Continue reading A holiday all around?
Over the last few days there has been a lot of comment over an Employment Tribunal’s decision that a reference to an employee’s baldness was discriminatory, some of it ill-informed. At the outset of this article, I will say I disagree with the decision that there was harassment in the case but think the case … Continue reading Bald Facts Only
Over the weekend the Equality and Human Rights Commission (EHRC) issued a statement stating it was not its position that Long Covid (LC) was a disability. So irked was I that it prompted not one but two blogposts, the first on the statement and the second on how the Employment Tribunal have treated Long Covid … Continue reading EHRC ‘clarifies’ its position on Long Covid as disability
Following on from the last post on EHRC's ill-advised guidance to managers that employers do not consider Long Covid to be a disability under the Equality Act 2010 I thought I would take a look at whether and how this has been considered by employment tribunals to date. Because of delays in tribunal processes and … Continue reading Long Covid at the Employment Tribunal
Earlier today the Equality and Human Rights Commission posted an incredibly unhelpful tweet on whether Long Covid is a disability. It includes a line of argument that is, I think, also inconsistent with the Statutory advice it has provided in its Employment Code so its inclusion is doubly confusing. What is disability in law? Going … Continue reading Long Covid and Disability
I have covered the Mercer case twice on this site (here and here). The facts are that a union member helped organise a strike that was supported by the union. Later the employer imposed a disciplinary warning on the employee for that act. The union member complained this was a breach of section 146 of … Continue reading Strikes, disciplinary warnings, and freedom of association.
The Employment Appeal Tribunal's decision in Knightly v Chelsea & Westminster Hospital NHS Trust (2022) is another in a line of cases on the interrelation of the range of reasonable responses test in unfair dismissal and the proportionality test in discrimination cases. The disabled claimant who was dismissed after a long sickness absence claimed that … Continue reading Discrimination in Dismissal Process does not make Dismissal unfair.
Employment Writes 