Recent employment law developments (England & Wales)

Below are links to some of our recent blog posts on employment law developments covering the state of play on employment law reform proposals, discrimination, unfair dismissal, financial services developments and other topics. Please click through for further details and do get in touch with your usual HSF contact if you would like to discuss … Read more

UK: dismissal for whistleblower’s manner or conduct may not be automatically unfair even if the whistleblower’s behaviour was not objectively unreasonable

Employers will welcome the decision of the Court of Appeal upholding the EAT’s decision in Kong v Gulf International Bank (summarised here).  Subject to any further appeal to the Supreme Court, the ruling confirms that an employer may be able to successfully defend a whistleblowing dismissal claim if it can show that its genuine reason … Read more

UK: summer update on employment law reform proposals

Those expecting the usual crop of government consultations on employment law reform to be rushed out before the summer recess will be disappointed this year; most of the ‘to do’ list (here) remains untouched, with just a few exceptions: The Government has finally published its response to the 2018 employment status consultation (which formed part … Read more

UK: protection for ‘beliefs’ may cover a limited right to express a belief, but not misgendering vulnerable clients

Two cases this month illustrate the challenges employers face in relation to employees expressing or manifesting beliefs on sensitive topics which have the potential to upset or cause offence to colleagues.  Previous case law has established that the potential for offence will not prevent philosophical beliefs from being protected within the Equality Act, with the … Read more

UK: tribunal confirms long Covid symptoms could amount to disability

A recent tribunal ruling serves as a reminder that employers dealing with an employee off sick with ‘long Covid’ should carefully consider whether the individual could be disabled within the statutory definition, bearing in mind evidence that it is common for symptoms to fluctuate and that some individuals do continue to suffer for 12 months. … Read more

UK: employers at risk of paying more than statutory cap on unfair dismissal compensatory awards in some cases

Employers face paying more than the statutory cap for unfair dismissal compensation in some cases, following a ruling of the Scottish EAT in Dafiaghor-Olomu v Community Integrated Care.   The statutory cap on unfair dismissal compensatory awards (the lower of 52 weeks’ pay and, currently, £93,878) applies to the overall assessment of compensation after ‘taking into … Read more

UK: no protection for belief in moral obligation to break the law

Over recent years there has been a steady flow of tribunal cases testing the boundaries of the protection for beliefs under the Equality Act.  Case law has established a clear test: to be protected a belief must be (i) genuinely held, (ii) not merely an opinion or viewpoint based on the present state of information, … Read more