‘The Appellant (a national of the Philippines) is a migrant domestic worker who worked in the household of the Respondent, a diplomat representing the Kingdom of Saudi Arabia in the United Kingdom. Ms Wong claims to be a victim of human trafficking who was forced to work for Mr Basfar and his family in circumstances of modern slavery after they brought her with them to the UK in August 2016.’
UKSC Blog, 6th July 2022
Source: ukscblog.com
‘A researcher who lost her job at a thinktank after tweeting that transgender women could not change their biological sex has won her claim that she was unfairly discriminated against because of her gender-critical beliefs.’
The Guardian, 6th July 2022
Source: www.theguardian.com
‘In Mr J Kovalkovs v 2 Sisters Food Group Limited [2022] UKET 4102454/2020, Mr Kovalkovs, an Orthodox Christian, was a quality inspector in 2 Sisters Food Group’s chicken processing factory. He wore a silver crucifix on a neck-chain as an expression of his faith. 2 Sisters’ Foreign Body Control policy stated that “jewellery must not be worn in the production areas on site, with the exception of a single plan band ring”. An exception was made for religious jewellery, subject to a risk assessment; however, the risk assessment concluded that “because the chain was made of links there was a risk of contamination” and there was a potential for “entanglement, entrapment or tearing”. Mr Kovalkovs refused to give up wearing his crucifix and was dismissed.’
Law & Religion UK, 21st June 2022
Source: lawandreligionuk.com
‘Long Covid is a disability, a tribunal has ruled in what employment experts say could result in a “significant increase” in the number of claims brought by people suffering with the syndrome.’
Daily Telegraph, 20th June 2022
Source: www.telegraph.co.uk
‘Adele Shortman analyses the first significant COVID dismissal case to be heard in the Employment Appeal Tribunal.’
Local Government Lawyer, 10th June 2022
Source: www.localgovernmentlawyer.co.uk
‘This decision is a reminder that, where unwanted conduct related to a protected characteristic is not intended to offend, intimidate, etc, an objective test applies to the question whether conduct amounts to harassment. The claimant was a Muslim employee of Heathrow Express. He complained of harassment and direct discrimination connected with religion after receiving an email concerning a security test carried out by the second respondent, which was responsible for carrying out security checks at Heathrow Airport and Heathrow Express stations at the airport. The test in question had involved a bag containing a box, some electric cabling and, visible at the top, a piece of paper with the words “Allahu Akbar” written in Arabic. The email reporting on the results of the test and included images of the bag and the note.’
Equality Law Blog, 24th May 2022
Source: equalitylawblog.com
‘The Employment Appeal Tribunal considered the Tribunal’s discretion to make (or not make) an award of compensation for breaches of TUPE Regulations, and the effect of withdrawal of a claim on a defendant’s liability to pay compensation, in circumstances where the claimant has no freestanding right to bring a claim against them.’
3PB, 3rd May 2022
Source: www.3pb.co.uk
‘It is commonplace – as the President of the EAT observed in this appeal – for ETs, carrying out their case management functions at a private preliminary hearing, to seek to clarify the claims that are being pursued and to draw up a list of issues to be determined at the full merits hearing in order to decide those claims. In the present case, such a task came before an EJ sitting alone at a closed preliminary hearing – together with a great quantity of material including a document setting out the claimant’s grounds of complaint over some 64 pages.’
3PB, 3rd May 2022
Source: www.3pb.co.uk
‘In what is believed to be the first Appellate consideration of a Coronavirus related dismissal the EAT (HHJ Tayler) upheld the judgment of the Leeds Employment Tribunal (EJ Anderson) that the Claimant’s Coronavirus related absence dismissal was not automatically unfair for a health and safety reason pursuant to s100(d)-(e) of the Employment Rights Act 1996.’
St Philips Barristers, 6th May 2022
Source: st-philips.com
‘Calling a man “bald” is sexual harassment, an employment tribunal has ruled. Hair loss is much more prevalent among men than women so using it to describe someone is a form of discrimination, a judge has concluded. Commenting on a man’s baldness in the workplace is equivalent to remarking on the size of a woman’s breasts, the finding suggests.’
The Guardian, 13th May 2022
Source: www.theguardian.com
‘Anis Ali, a Muslim, worked for the Heathrow Express which was at the relevant time run by the first respondent, Heathrow Express Operating Company Ltd. The second respondent, Redline Assured Security Ltd, was responsible for carrying out security checks at the airport and the Heathrow Express stations. The checks involved creating and leaving suspicious objects to test how security officers responded to them, and in August 2017 it carried out a test using a bag containing a box, some electric cable and, visible at the top, a piece of paper with the words “Allahu Akbar” written in Arabic. Subsequently, the Operating Company sent an e-mail reporting on the results of the test and including images of the bag and the note to a group of employees – including Mr Ali.’
Law & Religion UK, 19th April 2022
Source: lawandreligionuk.com
‘Leading legal aid firm Duncan Lewis has been ordered to pay a former director costs of £6,500 for setting aside a default employment tribunal judgment caused by its internal failures.’
Legal Futures, 13th April 2022
Source: www.legalfutures.co.uk
‘A civil litigator with experience of employment disputes has had an unfair dismissal claim against his former firm struck out for failing to comply with an unless order.’
Legal Futures, 12th April 2022
Source: www.legalfutures.co.uk
‘The Claimant’s case centred primarily around an allegation that he had been victimised, contrary to s.27 Equality Act 2010. His contention was that the Respondent police force had refused his application to become a police officer because he had outstanding Employment Tribunal proceedings alleging discrimination against another police force. Those proceedings were a protected act.’
Littleton Chambers, 21st March 2022
Source: littletonchambers.com
‘The English and Welsh Court of Appeal has reasserted the previously held view that protection against detriment on the grounds of “trade union activities” does not extend to strike action.’
OUT-LAW.com, 29th March 2022
Source: www.pinsentmasons.com
‘A redundancy exercise run by a law firm in its conveyancing department following the first lockdown in 2020 was genuine, an employment tribunal has ruled.’
Legal Futures, 24th March 2022
Source: www.legalfutures.co.uk
‘Journalists should be provided with access to documents from employment tribunal cases even in the aftermath of a judgment, it has been ruled, after a successful legal challenge by the Guardian.’
The Guardian, 22nd March 2022
Source: www.theguardian.com
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