Category:  Employment Law

Age discrimination

Unlike most forms of direct discrimination, direct age discrimination can be justified as a proportionate way of achieving a legitimate business aim. Employers must now justify any retirement policy which...

Indirect associative discrimination

Direct discrimination can occur when the reason for the less favourable treatment is the protected characteristic of someone with whom the employee associates, for example a parent’s association with their...

Unfair dismissal

The opportunity to appeal against dismissal is usually considered to be an essential element of a fair dismissal. In the recent case of Gwynedd County Council v Barrett, the Court...

Burden of proof – discrimination

The wording which sets out the burden of proof rules in a discrimination case changed when the Equality Act 2010 brought all the laws on discrimination together in one place....

Whistleblowing

Employers must not treat an employee badly because they have made a protected disclosure. If the main reason for dismissing an employee is that they made a protected disclosure, the...

Employment tribunals

Some changes to the employment tribunal process will come into force on 6 October 2021 and are designed to remove some unnecessary red tape. Rule 54 will be changed to...

Disability discrimination – reasonable adjustments

The duty to make reasonable adjustments is triggered if an employee meets the definition of disability contained in the Equality Act 2010. The employee must have a physical or mental...

Working time

The CJEU has considered another case involving rest breaks that can be interrupted at short notice and whether they meet the requirements of the Working Time Directive. Article 2 says...

Flexible working

The government has published a consultation document – Making flexible working the default – which proposes various changes to the existing rights for employees to request flexible working. This consultation...

Should employers be allowed to fire and rehire?

In economically hard times, or when a business is restructuring, the ability to change employment terms can be an essential tool. The law does not allow an employer to change...

Add an admin note