News & Analysis as of

Equality Act Employment Litigation

Ogletree, Deakins, Nash, Smoak & Stewart,...

UK Retail Workers Win Landmark Equal Pay Case

More than 3,500 workers have won a legal fight for equal pay against major UK retailer Next Retail Ltd. Following a six-year legal battle, the Employment Tribunal ruled that Next had failed to demonstrate that the lower basic...more

BCLP

UK HR Two-Minute Monthly: June 2024

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Our June update includes a new gender critical philosophical belief case exploring some new areas (such as the nature of the workplace), a case on redaction of disclosure documents and whether the redacted material was...more

Littler

UK tribunal rules long-COVID capable of being a disability under the Equality Act

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An employment tribunal in the UK has for the first time ruled that a person’s long-COVID is a disability protected by the Equality Act 2010. However, we must be cautious in assuming that from now on all instances of...more

Dechert LLP

Key Developments for Employers in the UK Winter 2021 – Issue 2

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In Martin v London Borough of Southwark, a teacher had raised a number of concerns with his employer that he and other teachers were working excessive hours. He brought a whistleblowing claim arguing that he had suffered a...more

Hogan Lovells

As you were – UK Supreme Court confirms no change to discrimination burden of proof

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The UK Supreme Court decision in Royal Mail Group Ltd v Efobi confirms that employees must still prove facts from which a tribunal could draw an inference of discrimination before their claim can proceed, despite a change of...more

Hogan Lovells

After the event - medical evidence obtained after an ill-health dismissal not relevant to fairness

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Managing an employee who has persistent short or medium term ill-health absence is difficult for an employer. Dismissing an employee whose attendance is unlikely to improve may be fair, but this will often depend on medical...more

Morgan Lewis

UK Employment Appeal Tribunal: ‘Gender-critical’ Beliefs Are Protected Philosophical Beliefs

Morgan Lewis on

The UK’s Employment Appeal Tribunal (EAT) found on 10 June 2021 in Maya Forstater v CGD Europe and others that gender-critical beliefs—including believing that one’s biological sex is immutable and not to be conflated with...more

Hogan Lovells

Employment News: jurisdiction, trade unions

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If not now then when? Tribunal should have identified when jurisdiction established - An employment tribunal only has jurisdiction to hear claims under the Employment Rights Act 1996 and Equality Act 2010 if the claimant...more

Fisher Phillips

February 2021: The Top 17 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

DirectEmployers Association

OFCCP Week In Review: March 2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Hogan Lovells

Employment News: harassment, COVID-19

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Timed out – reasonable steps defence fails because training stable - An employer can defend a discrimination claim under the Equality Act if it has taken all reasonable steps to prevent employees from committing acts of...more

Hogan Lovells

Employment News: victimisation, indirect discrimination

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Tell it like it is – email referring to potentially discriminatory conduct not a protected act - In Chalmers v Airpoint Ltd the EAT in Scotland found that an employee had not done a protected act for the purposes of a...more

Fisher Phillips

Gender is a Spectrum: Landmark UK Ruling Expands the Equality Act

Fisher Phillips on

A UK employment tribunal has decisively expanded cleared years of ambiguity surrounding the definition of “gender-reassignment” in the Equality Act to include non-binary gender identities. The Equality Act of 2010 protects...more

BCLP

HR Two Minute Monthly: disability discrimination; injury to feelings; unfair dismissal

BCLP on

Our June update considers recent developments in employment law, including cases on disability discrimination, injury to feelings and unfair dismissal for inappropriate promotion of religion. We also outline other points of...more

Littler

UK: From Alcoholism to Exhibitionism—When the Law Says a Condition is Not a Disability

Littler on

Although many HR professionals in the United Kingdom who deal with disability discrimination issues are all too familiar with the legal definition of a “disability” in the Equality Act 2010, many are unaware of the various...more

Littler

What do Menopause, Castes, Copyrights, and Scottish Independence Have in Common? All Have Been Recently Put to the Test Under UK's...

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Human resources teams in the United Kingdom regularly deal with issues that relate to possible discrimination under the Equality Act 2010 (EqA), the law that codifies various anti-discrimination regulations for employers in...more

Littler

U.K. Court of Appeal Addresses Disability Discrimination Based on Long Working Hours

Littler on

We have all been there. Late in the evening, on the phone to your partner or family, trying to explain why you must stay late at work despite no one actually asking you to do so. It can be frustrating and tiresome, but for...more

Hogan Lovells

Employment News - June 2017 #2

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Keep it for later – European Court's Advocate General issues Opinion that the right to paid leave can be carried over if employer has not offered it - According to the preliminary Opinion of the European Court in The Sash...more

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