Having a fantastic team that works together for a common goal and shares your vision is definitely the key to a successful business. It’s also pretty difficult to achieve. One weak link in the team can cause everything to fall apart so it’s important to sort out issues as and when they arise. Even the […]
Is suspension considered breach of contract?
Was there a breach of the implied term of mutual trust and confidence in the suspension of a teacher? In Agoreyo v London Borough of Lambeth the High Court held that yes there was a breach. A teacher had been suspended due to force used with two children to remove them from a class. At […]
Religious Discrimination
In Trayhorn v The Secretary of State for Justice the EAT held that it was not direct or indirect religious discrimination to discipline an employee who openly condemns homosexuality and spoke of repentance during a Prison church service. In this case the claimant was a Pentecostal Christian who was disciplined after quoting from a passage […]
Vicarious Liability 2017
If a doctor, assigned by a company to carry out medical examinations on prospective job applicants, commits a sexual assault, is that company then vicariously liable? In Various Claimants v Barclays Bank plc the High Court concluded that, Yes, the company is liable. In this case there were 126 claims of sexual assault and the […]
The Appointment of Litigation Friends
The Employment Appeal Tribunal held, in Jhuti v Royal Mail, that a rule can be applied into tribunal rules to provide for the appointment of a litigation friend. Vulnerable individuals must be able to fully participate in proceedings, any decisions made without taking into account the need to safeguard and protect the welfare of a […]
The Burden of Proof
Is it true that by s.136(2) Equality Act 2010 the burden is on the claimant to prove facts before the burden then shifts to the respondent? In Efobi v Royal Mail Group Ltd the EAT held that this was not the case. Here the claimant, a postman, had applied for around 30 alternative jobs within the […]