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Discrimination and Time Limits

Discrimination and Time Limits

The time limit for pursuing a claim for discrimination is three months less one day from the date of the act that the person subject to the discrimination is complaining of. So, for example, if the act of discrimination took place on 22nd September then the ACAS Early Conciliation must be submitted by 21st December. Read more

HR Involvement in Disciplinary Hearings

HR Involvement in Disciplinary Hearings

The limit to the role that members of HR have in disciplinary procedures was considered by the EAT in the case of Ramphal v Department of Transport. At the original Employment Tribunal, it was decided that the claim for unfair dismissal should fail, however, they failed to explain why the dismissing manager had changed his views on issues such as the Claimant’s credibility from his initial draft report which had been favourable to the Claimant to an eventual finding that he should be dismissed. Read more

Discrimination Arising From Disability

Discrimination Arising From Disability

The EAT have dealt with two cases recently concerning the form of disability discrimination known as Discrimination Arising from Disability. To succeed with this claim a disabled person must demonstrate that they have been subjected to unfavourable treatment and that the reason for the unfavourable treatment was something arising in consequence of their disability. If the employee can show this then it is for the employer to show that the unfavourable treatment was a proportionate means of achieving a legitimate aim. Read more

Reminder of risk of costs in Employment Tribunal claims

Reminder of risk of costs in Employment Tribunal claims

The Employment Appeal Tribunal (EAT) has recently reiterated the risk to a claimant of pursuing a claim which has no basis. In A v Home Office the EAT were dealing with an appeal from the Claimant against a costs award of £5,000 following an unsuccessful disability discrimination claim. The EAT made clear that the way in which the Claimant had conducted himself at the initial hearing was not under scrutiny but rather the fact that he had pursued claims that had no basis and that he must have known this. Read more

Travelling time confirmed as work

Travelling time confirmed as work

If employees are paid on an hourly rate then their number of hours worked is likely to increase meaning they will have to be paid more per day than previously. Employers could reduce the number of appointments/visits they have to make in a day to counter this but it means those workers affected will be doing less ‘work’ than before but for the same money or the same amount of ‘work’ for more money. Read more

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