Claimant Who Destroyed Evidence Before Damages Hearing Gets Her Claim Struck Out In the case of Kaur v Sun Mark Ltd and others, the Claimant had successfully shown the Employment Tribunal (ET) that she was a victim of sexual harassment, discrimination, and victimisation. Following an appeal by the Respondent on the Victimisation claim, the Respondent [...]
This month saw another claim in the rising number of unfair dismissal cases determined in favour of gender critical employees. Professor Jo Pheonix, a lesbian who set up the Gender Critical Research Network at the university was found to have suffered victimisation, harassment, and direct discrimination by the Employment Tribunal this month. A colleague of [...]
Hello again and welcome back to our case of the week. Last week we looked at a case that made the national news because of an offensive word being used during a racism awareness training session that resulted in dismissal. Those that missed it can find it here. This week we're looking at a disability [...]
Hello again and welcome back to our case of the week. Last week we had our monthly newsletter for October 2023, where we looked at Freddie Flintoff’s settlement with the BBC and employers aiming to be more inclusive to reflect equality and diversity in their recruitment processes. In our lighter side of the news, we [...]
This week we are looking at COT3 agreements. COT3 agreements are akin to settlement agreements that settles potential or actual Employment Tribunal claims. Unlike a settlement agreement, a COT3 does not require an employee to obtain legal advice for a binding agreement. The agreements are also finalised and often negotiated via ACAS Early Conciliators. The [...]
This week’s case answers the following questions: What is a detriment for the purposes of victimisation under the Equality Act 2010? What is the correct test for causation? Victimisation is being subject to a detriment because of a protected act. A protected act is defined at section 27 of the Equality Act 2010 as: (a)bringing [...]
