Labour & European Law Review
26 October 2016
The conciliation service, Acas, has produced new guidance on how to avoid discrimination on the grounds of marriage and civil partnership in the workplace.
The guide, which is aimed at employers, managers and trade union representatives provides an overview as to how marriage and civil partnership discrimination can occur, how it can be dealt with and how the various parties can reduce the chance of future discrimination.
Although tribunals can advise claimants about any risks they might be taking if they follow a particular path, they must also assess all claims objectively. In Hussain v Nottinghamshire Healthcare NHS Trust, the Employment Appeal Tribunal (EAT) held that the tribunal had not reached a “concluded view” when it pointed out to the claimant that the weakness of his claims might result in costs being awarded against him.
It is well established in law that courts and tribunals will not allow claimants to rely on a contract that is illegal to support a claim. In Hughes v The Coupers Partnership Ltd, the Employment Appeal Tribunal (EAT) confirmed that the claimant could not rely on an agreement that amounted to a fraud on Her Majesty’s Revenue and Customs (HMRC).