In Royal Mail Ltd v Jhuti the Court of Appeal held that if a person making a decision to dismiss was unaware of the protected disclosures and was deliberately misled by the employee’s line manager to believe that the reason for dismissal was poor performance then this would not be considered a whistleblowing dismissal. The […]
Uber Lose Appeal – But have appealed again (directly to the Supreme Court)
In Aslam and others v Uber BV and others (2016) the Employment Tribunal held that Uber drivers are workers under the definition set out in the Employment Rights Act 1996. This ruling was made for the following reasons :- The drivers were in fact employed in a type of contractual relationship as they were paid […]
Discrimination: The ‘Innocent’ Discriminator
In Metropolitan Police v Denby the EAT held that if a decision maker is influenced by another person in a discriminatory way then that person can be considered a joint decision-maker. In this case, the claimant was a male police officer. The Claimant led a group within the police force and the Deputy Assistant Commissioner […]
TUPE transfer: new security contractor takes over equipment but not staff
In Securitas v ICTS Portugal the CJEU held that there can be a transfer of an undertaking when a new contractor takes over security services from a previous contractor without accepting the employees assigned to that work, if the new contractor takes over the equipment which is essential in order to deliver those services. Securitas […]
Employment Tribunal can hear discrimination complaints by a doctor against the GMC
In Michalak v General Medical Council the Supreme Court held that it is permissible for employment tribunals to hear discrimination claims against qualification bodies such as the GMC. Dr Michalak had been employed by an NHS Trust but was found to have been unfairly dismissed. Before the unfair dismissal was determined she had been referred, […]
Mental Health at Work
ACAS have recently published new guidance on mental health in the workplace. The guidance covers promoting positive mental health, managing staff experiencing mental ill health, dealing with stress and managing anxiety in the workplace. ACAS are also offering training for employers. Since this guidance, a new independent review, conducted by Stevenson/Farmer, looking into ways in […]