Blog Archives

Will scrapping of Tribunal Fees make any difference?

The Supreme Court has today scrapped fees for Employment Tribunal claims …. discrimination claims are likely to bounce back very quickly indeed.

Posted in Discrimination, Recent Blog Posts, Unfair dismissal, Updates

Tony Blackburn sacking – employment law and unfair dismissal

Is it fair that Tony Blackburn should be dismissed by the BBC because he said his recollection was that he wasn’t interviewed in 1971 in relation to a young girl making allegations against him and Jimmy Saville but documents discovered during the inquiry indicate that he was? Assuming the documents were shown to

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Posted in Recent Blog Posts, Unfair dismissal, Updates

Banning of headscarf – not unlawful religious discrimination – European Court of Human Rights

The European Court of Human Rights has held that public service employers can ban the wearing a headscarf despite the religious belief of Muslim women who may then consider themselves ineligible for work. In Ebrahimian v France, the Court has decided that a hospital employee, dismissed from a position working with members of the

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Posted in Discrimination, Recent Blog Posts, Updates

Race discrimination: Oisin Tymon -v- Jeremy Clarkson

Want to know a bit more about Jeremy Clarkson and the BBC being sued for race discrimination? You may just remember that Mr Oisin Tymon, a BBC producer on Top Gear, was subject to an assault by Clarkson in March this year.  At the heart of his complaint filed in the Employment Tribunals in

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Posted in Discrimination, Recent Blog Posts, Updates

Unfair dismissal – loss of £20,000 not a “substantial injustice”

The President of the Employment Appeal Tribunal has refused an appeal against a Tribunal’s failure to gross up an unfair dismissal and compensation award to take account of tax which the Claimant would have to pay on an award which was calculated using net figures.  The case is  Bethnal Green and Shoreditch Education Trust

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Posted in Discrimination, Recent Blog Posts, Unfair dismissal, Updates

ACAS Disciplinary Code – applies to capability dismissals

Seemingly going under the radar so far, in Bethnal Green and Shoreditch Education Trust v Dippenaar [2015] UKEAT 0064_15_2110 (21 October 2015) the Employment Appeal Tribunal has accepted that the ACAS Code of Practice on Disciplinary and Grievance Procedures applies not only to misconduct dismissals but is also relevant to capability dismissals.  This

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Posted in Discrimination, Recent Blog Posts, Unfair dismissal, Updates

Disability discrimination – PCP – “practice” does not imply repetition!

In Bethnal Green and Shoreditch Education Trust v Dippenaar [2015] UKEAT 0064_15_2110 (21 October 2015) the President of the Employment Appeal Tribunal and the lawyers before him appear to have made a mistake.  The EAT overturned a finding of indirect discrimination caused by the employer’s “provision criteria or practice” (PCP) on the

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Posted in Discrimination, Recent Blog Posts, Updates

Reasonable adjustments – beware of new cases on old law

…recent EAT decisions are based upon an observation that “Practice has something of the element of repetition about it”. That observation may not be necessary or helpful…

Posted in Recent Blog Posts, Updates

Jackson Osborne wins another record discrimination claim: £558,868.66

Stephen Jackson, solicitor and principal at Jackson Osborne, advised and represented Mrs Jean Thacker in claims of constructive unfair dismissal and disablity discrimination against her employer, Richmondshire District Council, obtaining a settlement pay out in March 2013 of £558,868.66. Richmondshire District Council agreed the settlement to Mrs Jean Thacker, of

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Posted in Recent Blog Posts, Updates

Bad references

A recent decision of the Employment Appeal Tribunal reminds employers that providing an unfavourable reference, or no reference at all, in response to an (ex-)employee’s allegations of discrimination is not only unlawful victimisation, but can result in a substantial claim for loss of future earnings.  In Bullimore v Pothcary Witham

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Posted in Recent Blog Posts, Updates

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