Employment Law Vault

Could an employee be unfairly dismissed and subject to a detriment as a result of whistleblowing where the decision-maker knew of the fact of the employee’s disclosure but not its substance? No, held the Employment Appeal Tribunal, in  Nicol v...

The  2024 annual update to the Vento guidelines  (which give ranges for injury to feelings awards in discrimination cases, depending on severity) have been published. In respect of claims presented on or after 6 April 2024, the Vento bands are: ...

Where unconnected acts of discrimination are linked by their factual setting, should they be treated as ‘conduct extending over a period’ to bring them all within the ordinary time limit for discrimination claims? No, held the Employment Appeal...

Was an employee who resigned after refusing to attend at her workplace during the COVID-19 pandemic unfairly dismissed on health and safety grounds? Yes, held the Employment Appeal Tribunal in  Herve v Goldstein .  The Claimant worked from an...

Did an employer make reasonable adjustments when it dismissed a disabled employee rather than placing him in an alternative role on a trial basis? No, held the Employment Appeal Tribunal in  Miller v Rentokil . The Claimant worked as a field-based...

Could a claimant claim unfair dismissal on the basis that he had ‘sought to take’ parental leave when he had not made a formal application for leave at the point he was dismissed? Yes, held the EAT in  Wright v Hilton Food Solutions ....

Was a tribunal entitled to conclude that there were two ‘principal' reasons for dismissal in a claim for automatic unfair dismissal on health and safety grounds under section 100(1)(e)  Employment Rights Act 1996 ? No, held the EAT in  ...

Was a tribunal entitled to decide that a decision to dismiss an employee for posting a racist ‘joke’ on his employer’s intranet fell outside the band of reasonable responses? No, held the EAT in  Vaultex v Bialas . The Claimant...

Was it discriminatory for a theatre to dismiss a Christian actress from a lesbian role after online posts about her belief that homosexuality was sinful become public? No, held the EAT in  Omooba v Michael Garret Associates .  The Claimant was...

Could an employee bring a claim of whistleblowing detriment against his employer where the act of detriment relied upon was his dismissal? No, held the EAT in  Wicked Vision v Rice . The Claimant brought a claim of automatic unfair dismissal against...