ACAS extends rights at disciplinaries and grievances

Background Section 10 of the Employment Relations Act 1999 (ERA) provides a statutory right for workers to be accompanied at a disciplinary (relating to conduct and/or performance) or grievance hearing where they make a reasonable request. The EAT judgment in… Read on

Obesity can constitute a disability

Mr Kaltoft is 1.72 metres tall and weighs over 100kg. This gives him a BMI of 54, which is classified as severe or extreme morbid obesity. We have recently reported about obesity and disability law. In the recent case of… Read on

Important case on time limits

The EAT has recently confirmed that time limits for bringing discrimination claims for detrimental treatment run from the date on which the decision to make the detriment was taken as opposed to when the employee learns of it. The case… Read on

Colour-blind ban discriminatory against men?

Police Scotland has accepted that it needs to reverse its ban on recruiting colour-blind trainees. This is in the face of Employment Tribunal proceedings alleging that this disadvantaged more men when compared to women; the reason being that more men… Read on

Football referee an employee?

Should a football referee be considered an employee under the Employment Rights Act 1996? No, according to the Employment Appeal Tribunal, in the recent case of Conroy v the Scottish Football Association. Background In this case Mr Conroy, the… Read on

BBC wins defamatory appraisal claim

In a recent High Court decision, employee Dr Daniels brought a libel action against the BBC over an appraisal which referred to errors he had made, communication problems and failures to follow instructions. At Springhouse, we advise employers to raise… Read on

Grievances extreme whistleblowing hazard

Employers should not treat workers who have made a protected disclosure (otherwise known as whistleblowing) detrimentally. Financial liability for having done so is unlimited, and workers are protected from day one. Furthermore, a recent case has held that an employer… Read on

What is harassment?

Harassment is defined as unwanted conduct that has the purpose or effect of violating someone else’s dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. The conduct must be related to a relevant ‘protected characteristic’… Read on