A recent Court of Appeal case has highlighted an important issue regarding unreasonable delays in the statutory dismissal procedure.
The failure of an employer to carry out every step in the statutory dismissal procedure means that the dismissal is automatically classed as unfair. However, the procedure clearly states that each step should be carried out “without [...]

[Read more →]

The Confederation of British Industry (CBI), the UK’s leading independent employer’s organisation, has voiced its concerns about the impact proposed new flexible working rights could have on the economy.
Speaking out against plans that the government has announced to increase the amount of parental leave that employees can expect from their employers, the CBI stated that [...]

[Read more →]

With the results of a new survey of 500 small business managers clearly showing that mediation is often not seen as a viable option by SMEs, Acas has urged businesses to reappraise their view of this underused process.
The survey revealed that only 7% of businesses had used mediation and that 52% believed that mediation was [...]

[Read more →]

Associative disability discrimination refers to any mistreatment or harassment in the workplace motivated against an individual because of their close association with a disabled person. Although this form of discrimination is not explicitly covered by existing anti-discrimination laws, a recent ruling in the European Court of Justice has held that this form of indirect discrimination [...]

[Read more →]

In the recent case Mayor and Burgesses of the London Borough of Lewisham v Malcolm [2008] UKHL 43, the House of Lords has delivered a ruling that could have significant implications for disability discrimination employment law cases.
In the ruling, the House of Lords determined that prior knowledge of the disability in question on behalf of [...]

[Read more →]

Dependant leave is a statutory right for employees under the Employment Rights Act 1996. The law entitles all employees to take time off during working hours to support or care for dependants in a variety of emergency situations. A “dependant” is defined as one of the following:

A spouse.
A child.
A parent.
Partners or elderly relatives living with [...]

[Read more →]

With the publication of “Framework for a Fairer Future”, the Government has set out the initial details of its plans for a major overhaul of equality legislation.
Created in piecemeal fashion over the past four decades or so, the current discrimination legislation is highly complex, fragmented and at times ambiguous. The new legislation is intended to [...]

[Read more →]

The Ministry of Justice has announced that current “no win no fee” funding arrangements will be subject to a thorough, evidence-based review.
No win no fee arrangements are currently permitted in defamation, personal injury and employment law cases. Intended to give access to justice to people who cannot afford to take a private action themselves, under [...]

[Read more →]

This week the European Court of Justice in Luxembourg have begun hearing a significant case which could have important repercussions for workers and employers throughout the UK.
Age Concern claim that the Employment Equality (Age) Regulations introduced in 2006 breach the EU’s Equal Treatment Directive. While the UK regulations do ban discrimination on the grounds of [...]

[Read more →]