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Unfair dismissal

Can continued lateness justify dismissal? The EAT in Tijani v The House of Commons Commission  held that it could. The employee had been a cleaner at the House of Commons...

Acas guidance on suspension

Acas has published new guidance for employers on using the right to suspend as part of a disciplinary process. Suspension is often touted as a neutral act – to maintain...

Brexit and employment law

Last month saw the tabling in the House of Commons of the EU Law (Revocation and Reform) Bill. If brought into force, the Bill provides that all EU derived legislation...

Holiday Pay After Harpur V Brazel

The Supreme Court has recently decided (in the case of Harpur Trust v Brazel) that the method usually used in the past (for instance by ACAS) to calculate holiday pay for...

Socio-economic grouping and diversity

Most employers have long been alive to issues of diversity in business in terms of protected characteristics such as  race, sex and disability. But what about class? Socio-economic grouping is...

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...

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