In 2013 we had the long awaited decisions in the combined appeals brought in the cases of Eweida and others v The United Kingdom.  These comprised the judgment of the European Court of Human Rights, applying the right to freedom of thought cons...

Post-employment victimisation and the effects of Jessemy and Onu. The Court of Appeal has recently held that post-employment victimisation is unlawful, overturning the previous decision in Rowstock Ltd & another v Jessemey  and providing he...

Employment Tribunal statistics for the period October to December 2013 have shown a sharp decline in the number of Employment Tribunal claims brought since the fees regime was introduced last Summer. The statistics: in summaryThe latest statistics s...

Is it necessarily unlawful for an employer to dismiss an employee for incapability if she fails to return to work following the end of maternity leave, where the reason for the absence is post-natal depression (or other pregnancy-connected illness)?...

Since the removal of the default retirement age, there have been surprisingly few cases giving guidance as to when an employee might be lawfully retired.  Some employers have implemented their own ‘Employer Justified Retirement Age’...

In the case of Tirkey v Chandok and another [2013], an Employment Tribunal considered whether that the existing definition of “race” within the Equality Act 2010 was wide enough to capture discrimination on the basis of caste. Background...

In the recent cases of CD v ST and Z v A Government Department and the Board of Management of a Community School, the Court of Justice of the European Union  clarified the position regarding the protections and benefits that should be afforded ...

Later this year the Court of Justice of the EU (CJEU) is expected to give a ruling addressing, for the first time, the extent to which EU law protects workers against discrimination on grounds of obesity.  In the meantime, one of the CJEU&rsquo...

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We have been through a very significant period of change for Employment Tribunals over the past two years: with the introduction of fees, pre-claim conciliation and new Tribunal Rules, all of which are likely to reduce the number of Tribunal claims ...

Employers have a duty to carry out document checks on individuals before employing them.  The aim of the checks is to ensure that individuals have the legal right to work in the UK.  Correctly carrying out document checks gives employers a...

In the latest, and what we can now assume is the last, chapter in the long running Seldon case concerning compulsory retirement, the Employment Appeal Tribunal (EAT) has upheld the Tribunal’s decision that compulsory retirement, in this case i...

The Court of Justice of the EU (CJEU) has recently given another decision on the subject of age discrimination and justification.  Whilst many of the previous judgments have focused on issues around retirement age, unusually the Specht case dea...

On 1 December 2014 we are expecting legislation to come into force that will give effect to the new shared parental leave regime. The new regime will apply to employees in England, Scotland and Wales whose babies are due, or who will adopt a child, ...

The Employment Appeals Tribunal (“EAT”) has recently given an interesting ruling on  redundancy selection which could open the door to more claims from disabled employees. Background <...

Advocate General (AG) Jääskinen has concluded that there is no general principle of EU law prohibiting discrimination in the labour market, and that includes discrimination on grounds of obesity as a self-standing ground of unlawful discri...

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