Labour & European Law Review
25 November 2015
A new Acas study published last week has found not only that workplace bullying is on the rise in Britain, but that many people are too afraid to speak up about it.
Section 188 of the 1992 Trade Union and Labour Relations Consolidation Act (TULRCA) states that employers must consult when "proposing" to dismiss an employee. The Supreme Court has decided in United States of America v Nolan that the obligation also applies to employers who are classified as public administrative bodies or sovereign states.
Indirect discrimination occurs when one person applies a provision, criterion or practice to someone else which discriminates against them in relation to a protected characteristic. In Bethnal Green and Shoreditch Education Trust v Dippenaar, the Employment Appeal Tribunal (EAT) held that the term “practice” involves repetition of conduct, unlike the terms “provision” or “criterion” which can be proven by relying on an isolated incident.