Miss S Stretch v Ballymore Construction Services Ltd

Hello and welcome to PJH Law’s Case of the Week. This week, we look at the importance of ensuring that complaints of sexual harassment in the workplace are dealt with seriously. A failure by an employer to properly investigate allegations of sexual harassment could land them in hot water. Such behaviour is likely to breach [...]

Whistleblowing and Public Interest

Hello and welcome to PJH Law’s case of the week. This week we’re going to be taking a look at whistleblowing. Particularly, the requirement that the employee had a reasonable belief that their disclosure was “in the public interest”. Law When considering the importance of this requirement, it is helpful to have a bit of [...]

By |2021-03-23T11:38:29+00:00February 26th, 2021|Case of the Week - Blog, WhistleBlowing|0 Comments

Allay Ltd (UK) v Mr S Gehlen

This week's case is an important one for businesses who are seeking to reduce potential liability in the respect of the actions of their employees and workers. In essence, the EAT have said that any diversity and equality training that has gone "stale" and out of date will not allow an employer to argue that they [...]

Cumming v British Airways plc

This case looks at how indirect discrimination cases are brought and determined. The firm’s Principal calls direct discrimination blatant discrimination and indirect discrimination latent discrimination. Latent discrimination is where apparently neutral requirements are put in place but on further examination those requirements impact one sex or race more than others. Those requirements need to be [...]

Chief Constable of Devon and Cornwall Police v Mrs N Town

This case looks at what constitutes unfavourable treatment for a discrimination claim. More specifically, can treatment still be unfavourable if it precludes the employee from danger? Facts Mrs. Town was employed by Devon and Cornwall police as a police officer (on the ‘front line’ as a Response Officer). In November 2017 she informed her manager [...]

Heskett v Secretary of State for Justice

This case looks at in what circumstances indirectly discriminatory measures can be justified by employers and adds an interesting and relevant twist to the principle that generally employers can’t justify such policies by arguing that they cut costs. The Facts Mr. Heskett worked for the National Probation Service (NPS) as a Probation Officer. Owing to [...]

Steer v Stormsure Ltd

This week we look at a case to see if a big change to discrimination claims could be on the way. Introduction The EAT have recently handed down a judgement stating that the current impossibility of claiming interim relief in a discrimination claim is contrary to the European Convention on Human Rights (ECHR). Brexit will [...]

Lyfar-Cisse v Brighton And Sussex University Hospitals NHS Trust

Today we look at a case where The Employment Appeal Tribunal (EAT) rejects an appeal by an NHS equality boss who told her co-worker that he was “everything she despised in a white manager”. The Facts Dr Vivienne Lyfar-Cissé was employed by Brighton and Sussex University Hospitals NHS Trust as their Associate Director of Transformation, having [...]

By |2021-02-03T13:35:57+00:00January 8th, 2021|Case of the Week - Blog, Race Discrimination|0 Comments

Chief Constable of Dyfed Powys Police v Police Misconduct Tribunal and PC England

Today we are looking at how The High Court have clarified the law in relation to sexual harassment in the workplace in a recent judgment that was appealed to them by the police misconduct tribunal. The Facts PC England was a police officer for Dyfed-Powys Police in Wales. Over a period of roughly half a [...]

By |2021-02-03T13:36:23+00:00January 8th, 2021|Case of the Week - Blog, Sexual Harassment|0 Comments

PGA European Tour v Kelly

Today’s case focuses on re-engagement. Re-engagement is where an employer has dismissed an employee, a Tribunal has found the dismissal was unfair, and then has been ordered to re-engage the employee in a role other than his original one (reinstatement being where the employee is simply reinstated in his original job). In particular, we shall [...]

By |2021-02-03T13:37:20+00:00January 8th, 2021|Case of the Week - Blog, Unfair Dismissal|0 Comments

Do Employees Taking Industrial Action Still Have the Right to Picket Their Workplace During Lockdown?

This week’s case looks at whether employees who are taking lawful industrial action still have the right to picket their workplace (the practice of protesting at the entrance of a workplace and encouraging fellow employees to withhold their labour) during the Covid-19 lockdown. Under the current lockdown regulations, you are not supposed to leave your [...]

Mr C H Tan v Copthorne Hotels Ltd

  Today’s case considers a hefty costs order of almost half a million pounds, and raises some important points in relation to employment tribunal rules as well as etiquette. Mr. Tan was employed by Copthorne Hotels as a Senior Vice President of Procurement. He had been with the company for 5 years, before being made [...]

Uber Face Fresh Legal Challenge over Alleged ‘Robo-Firing’

Four Uber drivers have asked a court in the Netherlands to overrule a decision to deactivate their accounts that they allege was based solely on the incorrect findings of an algorithm. The four drivers (3 from the UK and 1 from Portugal) were accused by Uber of having engaged in fraudulent activities. They deny this [...]

By |2021-02-03T13:32:55+00:00January 8th, 2021|Case of the Week - Blog, GDPR, Unfair Dismissal|0 Comments

Aramark (UK) Ltd v Fernandes [2020]

The facts Mr. Fernandes was employed by Aramark (UK) Ltd but had been made redundant. He claimed unfair dismissal. Sections 98(1/2) of the Employment Rights Act 1996 require that a dismissal must be because of one of 4 specified reasons (redundancy being one of them) or ‘some other substantial reason’, otherwise it shall be unfair. [...]

By |2020-11-19T10:14:08+00:00October 30th, 2020|Case of the Week - Blog, Unfair Dismissal|0 Comments