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Employment Tribunal Rules are wrong: EAT

The Employment Appeal Tribunal has held that the rule in the Employment Tribunal Rules which obliges Tribunals to reject claims which “cannot sensibly be responded to” is wrong, and should not be applied. Background Rule 12(1)(b) of the Employment Tribunal… Read on

Ban on Islamic head scarf: direct discrimination

The Advocate General of the European Court of Justice has recently considered a case in France, where there was a blanket prohibition on Islamic head scarves in a company. This was found to be direct discrimination, and further, because it… Read on

Dismissal for ill health: does ACAS Code apply?

The EAT has recently confirmed that the ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply where a dismissal has been purely for health reasons. Background The ACAS Code says that it applies to dismissals for conduct… Read on

Whistleblowing review published

Public Concern at Work (an independent authority on whistleblowing) has just published a review covering its work for the last 5 years. They have revealed some interesting statistics, but these relate to the period 2009-2013: out of the whistleblowing claims… Read on

Whistle blowing: no knowledge of disclosures

In this case, the Royal Mail’s decision maker in a performance-related dismissal was not aware that the performance issues had really been retaliation for a whistleblowing complaint. The dismissal was perfectly justified from the decision maker’s point of view, however.… Read on

New illegal working offence

A new criminal offence of having “reasonable cause to believe” that an employee does not have the correct immigration status came into force today. The new offence – under s.34 Immigration Act 2016 – is in addition to the exiting… Read on