Monthly Archives: March 2013

Equality Act 2010 does not cover post-employment victimisation

In Rowstock Ltd –v Jessemey, the Employment Appeals Tribunal (EAT) has held that the Equality Act 2010 does not provide protection against post-employment victimisation, which is expressly excluded from provisions of the Act. This case follows a decision to the … Continue reading

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The use of capability tests in redundancy selection – time to reflect?

In Mental Health Care (UK) Ltd –v- Biluan and another, the EAT has held that the employer acted unreasonably when it used a series of competency tests normally used for recruitment to select employees for redundancy. The Claimants were employed … Continue reading

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Caste Discrimination – Equality Act 2010 will not make caste a protected characteristic

In March 2013 the House of Lords agreed an amendment to the Enterprise and Regulatory Reform Bill which would make caste discrimination unlawful under the Equality Act 2010. The Act currently prohibits race discrimination, harassment and victimisation in the workplace.  … Continue reading

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Industrial relations concerns cannot on their own justify sex discrimination

In Kenny and ors –v- Minister for Justice, Equality and Law Reform and ors the ECJ has held that the industrial relations concerns of an employer cannot be the sole basis in which it seeks to justify indirect sex discrimination … Continue reading

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TUPE and collective agreements – a dynamic interpretation

Whether an employee can benefit from changes under a collective agreement post TUPE transfer will depend upon whether the agreement is incorporated into their contract of employment. There have been differing opinions in case law as to whether changes to … Continue reading

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ACAS consult on a Code of Practice for Extended Flexible working

The Children and Families Bill proposes to extend the right to request flexible working to all employees who have been employed for 26 weeks or more by their current employer. The duty on employers will be to consider all requests … Continue reading

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Internal Appeals and Dismissal

The recent EAT decision in Piper –v- Maidstone & Tunbridge NHS Trust held that in some cases a lesser penalty imposed on an appeal did not expunge the employee’s original dismissal. Reverend Piper was employed as a chaplain and dismissed … Continue reading

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