Labour & European Law Review
15 June 2016
The House of Commons has produced a useful briefing pack on the introduction of the National Living Wage (NLW) in April this year (set at £7.20 per hour) for workers over 25 and its potential impact on age discrimination.
To prove constructive dismissal, claimants have to show that they resigned in response to a repudiatory breach of contract by their employer. In Gibbs v Leeds United Football Club, the High Court held that the claimant could still bring a claim of constructive dismissal, although he had discussed a possible termination package with his employer.
The Equality Act states that workers cannot be discriminated against because they hold a particular “philosophical belief”. In Harron v Dorset Police, the Employment Appeal Tribunal (EAT) held that although a belief must relate to matters which are more than merely “trivial”, equally tribunals must not set the threshold requirements at too high a level.