Legal News

The Equality and Human Rights Commission has issued new technical guidance on harassment. In January 2020 EHRC issued detailed guidance on Sexual harassment and harassment at work: technical guidance (EHRC website) . It covers all protected characteristics, not just sex. EHRC also issued a letter to leading employers and industry groups on harassment. Though not... Read more »
A revised Withdrawal Agreement Bill has now received its second reading in the Commons. Updates to our Brexit page for latest developments including: UK likely to leave the EU on 31st January 2020 following the General Election Result; the October 2019 Withdrawal Agreement, including the implementation period; and the revised version of the Withdrawal Agreement... Read more »
On a claim for reasonable adjustments, confidential knowledge of OH was not attributed to the employer, but the employer’s ‘lack of knowledge’ defence failed because the information the employer did have should have led it to make enquiries. An OH report following a pre-employment health questionnaire briefly suggested some adjustments but did not say what... Read more »
The Supreme Court has held that in the context of whistleblowing and unfair dismissal, the reason for dismissal is not always that in the mind of the decision-maker. In Royal Mail v Jhuti www.bailii.org/ew/cases/EWCA/Civ/2015/439.html the claimant’s line manager, motivated by her whistleblowing, presented the claimant to the senior manager considering her position as having inadequate... Read more »
An out-of-hours GP was not obliged to accept work, but was held to be a ‘worker’ so that she could claim for holiday pay and under the Equality Act. The claimant provided NHS GP services through Community Based Healthcare (CBH). She was among 12 doctors who regularly worked the same shifts providing out-of-hours services. However... Read more »
Though an employer was held not liable for racial harassment by a third party, the employment tribunal decision that the employer was liable for indirect discrimination as regards reporting of racial abuse was not appealed. The claimant was a mental health nurse in a secure residential unit for adult men sectioned under the Mental Health... Read more »
On World Menopause Day, 18th October, ACAS has launched new guidance for employers to help manage the impact of menopause at work. The ACAS guidance on the menopause and perimenopause is at www.acas.org.uk/index.aspx?articleid=6752 . Among other things it includes suggestions for possible changes at work, and guidance on facilitating conversations between the worker and her... Read more »
A police force succeeded in showing it was justified in withdrawing an officer with defective colour vision from firearms duties, but not in withdrawing him from rapid response vehicle driving. This was an indirect sex discrimination claim, on the basis that many more men than women have colour vision defects, rather than disability discrimination. The... Read more »