Whistleblowing

An employee does not need two years’ service to claim unfair dismissal if the reason for the dismissal is that he or she has made a public interest disclosure. One of the difficulties for employers is that an employee who makes disclosures of alleged wrongdoing may also be a difficult colleague to work with  –…

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Direct Disability Discrimination

Direct discrimination involves treating an employee less favourably ‘because of a protected characteristic’. The word ‘a’ is doing a lot of work in that definition because it makes it clear that the protected characteristic need not actually apply to the employee. An employer who rejects a job application, in the mistaken belief that the applicant…

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TUPE

The transfer of employment as a result of a TUPE transfer is an automatic process. When a TUPE transfer takes place, all of the employees assigned to the relevant part of the undertaking automatically transfer to the new employer. This can cause difficulties if the parties wrongly believe that an individual is not covered by…

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Part-time workers

Part-time workers are entitled to be treated equally with their full-time colleagues unless there is good reason otherwise. Generally that means applying a pro-rata principle in which the benefits that full-timers and part-timers receive are in proportion to their respective hours of work. British Airways v Pinaud In British Airways v Pinaud the employee was…

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Equal Pay

Perhaps the most complicated and difficult issue in the whole of employment law is working out whether an employee, in one part of the employer’s business, can claim equal pay by comparing herself with a man working in a completely different location. Gaining a Foothold In Asda Stores Ltd v Brierly & ors, a large…

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