The Equality Act 2010 protects people from discrimination based on their philosophical beliefs. In order to be protected, the belief must be: Genuinely held; Be a belief not an opinion or viewpoint; Concern a weighty or substantial aspect of human life; Have attained a certain level of cogency, seriousness or importance (in a similar way… Read More
Unfair dismissal and extensions of time
Most employment claims should be brought within a three-month time limit. If it is not ‘reasonably practicable’ for an employee to present his claim within the three-month time limit, an employment tribunal has the discretion to extend the time limit. There are two questions the tribunal must ask: was it reasonably practicable to lodge the… Read More
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,… Read More
Reductions to basic and compensatory awards
Was it unacceptable to reduce a compensatory award by 35% but not to also reduce the basic award? In University of Sunderland v Drossou the Employment Appeal Tribunal held that Yes, it was unacceptable. In this case the Claimant, a Senior Lecturer and Programme Leader, was dismissed following a restructure. The reason for dismissal was… Read More
Update on Employment Law Reforms
The following commencement dates for reforms under the Enterprise and Regulatory Reform Act 2013 have been confirmed. 25th June 2013 Many of the provisions relating to whistleblowing come into force (in particular, sections 17, 18 and 20). These provisions are significant because if the principal reason for a dismissal is that a worker made a protected… Read More