Employment Espresso Pods: Workplace Mental Wellness

To mark Mental Health Awareness Week #MHAW21, Tim Leaver is joined by Sam Brown, a partner in our Pensions team and UK Regional Head of Employment, Pensions & Incentives for a discussion on workplace mental health and wellness, how the pandemic has impacted our wellbeing and awareness of our mental health and they share tips and … Read more

Employment Espresso Pods: Return to work: Jabs, Tests & Psychedelic Zebras

We are delighted to launch a new podcast series: “Employment Espresso Pods” Join Herbert Smith Freehills’ Employment team for a coffee catch up as they discuss current hot topics impacting the employment sphere. In this, first episode, the team looks at returning to work in the UK following the Covid-19 pandemic. They tackle issues including … Read more

UK: Supreme Court rules that equal pay comparators can be at a different establishment where their terms are not dependent on location

Equal pay claimants can choose as comparators colleagues working at one of their employer’s establishments in a different location provided they are on “common terms”; the Supreme Court has now confirmed that the purpose of this test is only to exclude colleagues whose terms are different for geographical (or possibly historical) reasons.  The ruling also … Read more

UK: Court of Appeal rules on employer limits on public expression of beliefs

The Court of Appeal has made clear that employers may be able to expect individuals, particularly those holding high profile positions, to accept some limitations on how they express their beliefs in public on matters of particular sensitivity. The extent to which limitations are justified will be fact-specific, depending on striking a fair balance between … Read more

UK: ECJ widens scope for disability discrimination claims

The European Court of Justice has ruled that direct disability discrimination may be established if the criterion for less favourable treatment is inextricably linked to disability.  The difference in treatment does not have to be in comparison with a non-disabled worker: it can be between disabled workers, for example where treatment differs according to different … Read more

UK: EAT raises possibility of interim relief remedy for discriminatory dismissal claims

Currently interim relief is only available where an employee alleges that the principal reason for their dismissal is whistleblowing, trade union membership or certain employee representative activities; it is not available in discrimination cases – yet. If a tribunal decides that the employee’s claim is ‘likely to succeed’ (ie, has more than just a reasonable … Read more