In Meaker v Cyxtera Technology UK Ltd the EAT held that a ‘without prejudice’ letter to an employee was an effective dismissal letter despite it stating that the termination of employment was by mutual agreement, which was not the case, and enclosing a draft settlement agreement with an associated offer of an ex-gratia payment.
In the case of Smith v Tesco Stores the Employment Appeal Tribunal has upheld a decision to strike out a claim where the claimant, who was a litigant in person, acted in a manner that was considered vexatious.
A new working pattern can be found to be a Provision, Criterion or Practice (PCP) that has been ‘applied’ for the purposes of an indirect discrimination claim, even where an employee has not actually had to work under this arrangement.
On 24 January 2023, the Government published their response to a report from the Women and Equalities Committee entitled Menopause and the workplace.
We outline the current Government consultation on a proposed new statutory code of practice on the use of fire and rehire practices.
Following Supreme Court’s July 2022 ruling in Harpur Trust v. Brazel, the Government has announced a consultation that is looking to change the calculation of holiday entitlement of part-year and irregular hours workers.
Direct marriage or civil partner discrimination occurs where a person (A) discriminates against another (B) if, because of marriage or civil partnership, A treats B less favourably than A treats or would treat others.
An overview of some of the legislative and case law changes to look out for in 2023.
In the case of Health & Safety Executive v Jowett the Employment Appeal Tribunal ruled that documents relating to the Claimant’s previous employment with the Respondent could be admissible evidence in assessing the time period of future losses.
The law recognises that employers need to be able to initiate settlement discussions with their employees without fear of those discussions being used as evidence against them.
