This is the ACAS Guide to Settlement Agreements, a useful starting point if you have been offered or are considering offering a settlement agreement. Settlement agreements Settlement Agreements came into effect on 29 July 2013. To support their introduction, Acas has produced a statutory Code of Practice on settlement agreements [1Mb] which explains what settlement agreements are[…]
In G4S Cash Solutions (UK) Ltd v Powell, the EAT has held that a reasonable adjustment for disability which is incompatible with the terms of the employment contract cannot be imposed by the employer and will only be effective with the employee’s consent. The EAT also held that there was no reason in principle why[…]
In Trustees of the William Jones’s School Foundation v Parry, the EAT has held that rule 12(1)(b) of the Employment Tribunal Rules 2013 is ultra vires – i.e. outside the scope of the primary legislation under which those Rules are made – in so far as it requires an employment judge to reject a claim[…]
In McTigue v University Hospital Bristol NHS Foundation Trust, the EAT has clarified the circumstances in which an agency worker can claim whistleblowing protection against an end-user by virtue of the extended definition of ‘worker’ in S.43K of the Employment Rights Act 1996. Among other things, the EAT held that the fact that the individual[…]
In Bougnaoui and anor v Micropole SA, Advocate General Sharpston has given the opinion that an employee’s dismissal for wearing an Islamic headscarf at work, in breach of a direct instruction, was directly discriminatory, and could not be defended on the ground of ‘genuine and determining occupational requirement’ under Article 4(1) of the EU Equal[…]
In Taiwo v Olaigbe and another case, the Supreme Court has held that while immigration status is a function of nationality, it is not so closely associated with nationality as to be indissociable from it. Accordingly, mistreatment of migrant domestic workers on the ground of their vulnerability due to their precarious immigration status did not[…]
New Case Concerning the Definition of Provision, Criterion or Practice in Disability Discrimination Cases: Carreras v United First Partners Research
LATEST NEWS, Our Services May 31, 2016
Appeal against the dismissal of the Claimant’s claims of disability discrimination by reason of a failure to make reasonable adjustments and of constructive unfair dismissal. Respondent’s cross-appeal to the extent the ET had failed to address the question whether the Claimant had waived any breach of contract, relevant to the constructive dismissal claim. Appeal allowed,[…]
Article 8 (Right to Privacy) not Engaged by Employer Investigating Employee’s Emails
LATEST NEWS May 20, 2016
Garamukanwa v Solent NHS Trust UKEAT This appeal raises the question whether the Employment Tribunal dealt properly with the Article 8 issue raised by the Claimant below in relation to the use by the Respondent for internal disciplinary purposes of private material seized by the police in the course of a criminal investigation and to[…]
Report from Daniel Barnett The Trade Union Bill received Royal Assent today and becomes the Trade Union Act. Key provisions are:- requirement for at least 50% turnout in votes for industrial action in certain public services, including in the health, education, transport, border security and fire sectors, an additional threshold of 40% of support to[…]
The world of business is becoming ever more proactive in dealing with workforce issues of all kinds. Workplace mediation can help. Some issues which arise in the workplace are not easily dealt with using the traditional routes of disciplinary and grievance processes. Whether you want to resolve a difficult working relationship, or proactively address a[…]