When deciding a reasonable adjustments claim under Section 4A of the Disability Discrimination Act 1995 (now replaced by the Equality Act 2010), the Employment Tribunal (ET) must identify the relevant provision, criterion or practice (PCP) and then identify whether or…
A recent tribunal case highlights the importance for employers of educating their employees about the implications of writing inappropriate or offensive comments on social media sites. The Northern Ireland industrial tribunal held that the dismissal of an employee for making vulgar comments about…
The Supreme Court has held that a law firm had identified legitimate aims (staff retention, workforce planning and dignity) that could potentially justify its compulsory retirement of a partner at the age of 65. The case will now return to the…
Businesses are likely to welcome an ECJ ruling indicating that prospective employers are not obliged to provide information about their recruitment process to an unsuccessful candidate. The ECJ decided that EU discrimination law did not entitle an unsuccesful job applicant…
Under Section 94(1) of the Employment Rights Act 1996 (ERA), an employee has the right not to be unfairly dismissed. Whilst the legislation does not contain any geographical limitation, it is agreed that the scope of the right must have…
With only a few months to go before the London 2012 Olympic Games commence on 27 July 2012, the Advisory, Conciliation and Arbitration Service (ACAS) has issued guidance for employers on some of the issues that might arise. For example,…
The laws relating to defamation apply just as much to material posted on the Internet as they do to articles in newspapers and magazines. It is therefore risky to post comments that can be construed as defamatory on the Internet.…
A covenant can either represent a commitment to do something or a commitment not to do something. In either case, the party faced with a breach of the covenant has a range of options available to them for obtaining a…
Employers who are making employees redundant and intending to use compromise agreements should note that from 6 April 2011 the operation of PAYE changes in relation to payments made after an employee has been issued with their P45. From that…
Employers are reminded that the Employment Equality (Repeal of Retirement Provisions) Regulations 2011 come into force on 6 April 2011. This means that the last date on which an employer can lawfully notify an employee of a retirement dismissal using…