ARTICLE 8 & UNFAIR DISMISSAL Article 8 Human Rights act 1998 provides: “Article 8 Right to respect for private and family life Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of […]
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Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker? Section 103A of the Employment Rights Act 1996 (“the Act”) provides: “An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if […]
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CCTV Surveillance at Work Article 8 Article 8 of the Convention reads as follows: “1. Everyone has the right to respect for his private … life … There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law […]
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Reversal of the Burden of Proof in Discrimination Claims Section 136 of the EqA reads as follows: (1) This section applies to any proceedings relating to a contravention of this Act. (2) If there are facts from which the Court could decide, in the absence of any other explanation, that a person (A) […]
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Working Time Regulations Detriment/Dismissal Part V Employment Rights Act 1996 (ERA) covers situations where a worker is protected from suffering a detriment in employment. The right not to be unfairly dismissed (employees only) is found in Part X. S45A ERA states as follows: 45A. Working time cases. (1). A worker has the right […]
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Early Conciliation Number & Claim Form Information Rejection: form not used or failure to supply minimum information 10 (1) The Tribunal shall reject a claim if— … (c) it does not contain one of the following— (i) an early conciliation number; … (2) The form shall be returned to the claimant with […]
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Justification in Age Discrimination It is well understood by employment law practitioners that cost alone cannot amount to justification of indirect discrimination (Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330). This has led to the development of so-called ‘cost+’ justification arguments. An example of cost + justification is where an organisation seeks […]
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Non-Disclosure Agreements The Women and Equalities Committee have been undertaking an inquiry into the use of non-disclosure agreements in discrimination cases. The Committee reported on 5th June 2019 and there is a link to the full report at the end of this blog post. In the report, MPs condemned the routine cover-up of allegations […]
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Holiday Pay & Voluntary Overtime Article 7 of the Working Time Directive states as follows: Annual leave Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such […]
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Payment for Shared Parental Leave & Maternity Leave Is it unlawful discrimination on the basis of sex – whether direct, indirect, or because the operation of the sex equality clause implied into all terms of work by the Equality Act 2010 (“the EA”) – for men to be paid less on shared parental leave than […]
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