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The Queen’s Speech 2013 – employment law proposals

The government has just issued its background briefing on the 2013 Queen’s Speech. Of interest to employment lawyers and HR managers are: 1 The National Insurance Contributions Bill, which will introduce an “Employment Allowance”, add...

Published 8 May 2013 12:20 PM by Work/Life/Law

Filed under: employment law, discrimination, employment tribunals
The Equality Act – victimisation after employment has ended

There is a problem with the drafting of the Equality Act 2010. Victimisation, which in this sense means disadvantaging someone because they have brought a discrimination claim, or done “any … thing for the purposes of or in connection with...

Published 1 May 2013 5:23 PM by Work/Life/Law

Filed under: employment law, discrimination, Equality Act, employment tribunals, victimisation
Caste discrimination

Section 9(5) of the Equality Act 2010 contains a power for the government to legislate to include caste as an aspect of race discrimination. There has been controversy over whether caste can be included as an aspect of race discrimination (…) Read...

Published 23 Apr 2013 12:41 PM by Work/Life/Law

Filed under: employment law, discrimination, employment tribunals
Civil partnerships, pensions and marriage

It’s been a big week for civil partnerships. In the same week that the Marriage (Same Sex Couples) Bill was introduced to Parliament, an employment tribunal judgment that pension rights for civil partners should extend back beyond the Equality Act’s...

Published 25 Jan 2013 10:40 AM by Work/Life/Law

Filed under: employment law, discrimination
Mba, Sunday working, and employment law reporting

The Telegraph, 29 December 2012: Langstaff J, 10 January 2013: “We should make it clear at the outset of this Judgment to anyone who expects the conclusion to amount either to a ringing endorsement of an individual’s right not to (…) Read...

Published 10 Jan 2013 1:04 PM by Work/Life/Law

Filed under: employment law, discrimination, employment tribunals
Redfearn v UK – protection of political beliefs?

In Redfearn v Serco [2006] EWCA Civ 659, the Claimant was a bus driver working under a contract with Bradford City Council to transport disabled children and adults. He successfully stood as a candidate for the BNP in local elections, (…) Read the...

Published 7 Nov 2012 10:31 PM by Work/Life/Law

Filed under: employment law, discrimination
Simmons v Castle – the revised judgment

The Court of Appeal has today issued its revised judgment (pdf) in the case of Simmons v Castle, which deals with the 10% uplift in general damages (I’ve previously posted about its possible effect on employment law). The core of (…) Read...

Published 10 Oct 2012 10:25 AM by Work/Life/Law

Filed under: employment law, discrimination
Why Simmons v Castle matters for employment law

As part of his review of civil litigation costs, Lord Justice Jackson recommended (pdf, para 2.4) that court awards for general damages should be increased by 10%. General damages are awards that are given for “pain, suffering and loss of amenity”...

Published 7 Oct 2012 12:55 PM by Work/Life/Law

Filed under: employment law, discrimination, compensation
Employment tribunal claims by overseas employees – Simpson v Intralinks

In Simpson v Intralinks, the Employment Appeal Tribunal looked at the question of when an individual employed overseas can bring an employment tribunal claim against a UK-based employer. Lawson v Serco and, most recently, Ravat v Halliburton have considered...

Published 24 Jun 2012 7:18 PM by Work/Life/Law

Filed under: employment law, discrimination, employment tribunals
Further thoughts on protected conversations

Following this morning’s post, I’ve been giving some more thought to how the new section 111A(5) of the Employment Rights Act 1996 might work. The proposed clause (read together with s111A(1)) is as follows: “(1) In determining any matter...

Published 20 Jun 2012 5:46 PM by Work/Life/Law

Filed under: employment law, discrimination, unfair dismissal, constructive dismissal, employment tribunals
Employment tribunals will have the power to order equal pay audits

The Home Office has been busy recently with consultations on the abolition of the Equality Act third party harassment provisions and the employment tribunal’s power to make wide recommendations and discrimination questionnaires. All of this left...

Published 14 Jun 2012 7:56 PM by Work/Life/Law

Filed under: employment law, discrimination, Equality Act, employment tribunals, equal pay
Top 5 employment law issues for 2012

Last year I set out what I thought would be the top 5 employment law issues for 2011. Here’s what I think will be important in 2012: 1. Abolition of the default retirement age/age discrimination The abolition of the default (…) Read the rest...

Published 8 Jan 2012 11:52 AM by Work/Life/Law

Filed under: employment law, discrimination, age discrimination, unfair dismissal, tupe
Tribunal award of £4.5m compensation for sex and race discrimination

In what must be one of the largest awards of its kind, if not the largest ever tribunal award, an employment tribunal has awarded compensation of £4.5m in the case of Michalak v Mid Yorkshire Hospitals. This case concern a … Continue reading →...

Published 15 Dec 2011 11:53 AM by Work/Life/Law

Filed under: employment law, discrimination, sex discrimination, race discrimination
Unreasonable reasonable adjustments and disability discrimination

Section 39(5) of the Equality Act 2010 imposes on an employer a duty to make reasonable adjustments for a disabled employee. Section 20(3) describes part of this duty to make reasonable adjustments as a requirement: “where a provision, criterion...

Published 31 Aug 2011 7:58 AM by Work/Life/Law

Filed under: employment law, discrimination, disability discrimination, reasonable adjustments
Compensation for injury to feelings in discrimination claims – the Vento bands

Section 124 of the Equality Act 2010 governs the amount of compensation that can be awarded by an employment tribunal in a successful discrimination claim. This in turn refers to section 119, which provides that: An award of damages may … Continue...

Published 18 Aug 2011 5:33 PM by Work/Life/Law

Filed under: employment law, discrimination, Equality Act, age discrimination, disability discrimination, sex discrimination, compensation, race discrimination

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