Employment Law Review

Health and Safety

Equality, discrimination and harassment

Equality, discrimination and harassment

It has been unlawful to discriminate against civil partners since the introduction of the Civil Partnership Act 2004, with certain exceptions.

Employment rights

Thompsons Solicitors explain that, though it is not explicitly mentioned in the Equality Act, tribunals should note that post-termination victimisation is unlawful.

Compensation

Employment rights

Although employers can be found liable for discriminatory acts carried out by their employees, what happens in the case of someone employed by a third party?

Compensation

Information and consultation

Section 188 of the 1992 Trade Union and Labour Relations Consolidation Act (TULRCA) states that employers must consult when "proposing" to dismiss an employee.

Transfers of Undertakings

It is unfair under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) to dismiss an employee if the reason is connected with the transfer and is not an ETO reason entailing changes in the workforce.

Human rights

The International Trade Union Confederation (ITUC) has published a highly critical report of workers’ labour rights in Qatar, calling it a “country without a conscience”.

Employment tribunals and tribunal fees

According to figures just published by the Government, the number of tribunal claims received in October to December 2013 were down by 79 per cent compared to the same period in 2012 and 75 per cent fewer than last quarter.

Unfair dismissal

When considering whether a dismissal is fair, tribunals can take into account whether it was perverse for the employer to have issued a final written warning.