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Hello!
Hello!
Welcome to the February edition of InView
Welcome to the February edition of InView
This month we are re-visiting the Higgs v Farmor’s School case, which examines whether an employee's controversial online posts about protected beliefs justify dismissal.
We are also (yet again) looking at cases of Harassment in the Tribunal, with one employer losing a case for not providing a private space for breastfeeding, and another that questions whether the red carpet 'air kiss' can amount to sexual harassment.
Outside of the Tribunal - don't miss our guide to the employment rights bill changes and what they could mean for business, as well as our new resources to help HR teams deal with the changes in the legal landscape when it comes to preventing sexual harassment in the workplace.
If you have any questions - as always just pick up the phone.
Stephen
We are also (yet again) looking at cases of Harassment in the Tribunal, with one employer losing a case for not providing a private space for breastfeeding, and another that questions whether the red carpet 'air kiss' can amount to sexual harassment.
Outside of the Tribunal - don't miss our guide to the employment rights bill changes and what they could mean for business, as well as our new resources to help HR teams deal with the changes in the legal landscape when it comes to preventing sexual harassment in the workplace.
If you have any questions - as always just pick up the phone.
Stephen
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New Case Law
New Case Law
Protected belief discrimination - Higgs v Farmor's School - CA judgment?
The Higgs v Farmor’s School case examines whether an employee's controversial online posts about protected beliefs justify dismissal. What does this ruling mean for employers?
Employer who failed to provide private space for breastfeeding mother guilty of harassment
What’s the impact of failing to accommodate employees? A recent case highlights the importance of providing proper support in the workplace.
Discrimination without discrimination? How victimisation claims work
Can an employee win a claim for victimisation without experiencing discrimination? This case demonstrates how an employer’s response to a complaint can lead to a successful claim.
An exploration of the lesser-spotted unfair dismissal remedy options: reinstatement and re-engagement
When seeking remedies for unfair dismissal, reinstatement and re-engagement can be options, but they’re not always practical. A recent case sheds light on how tribunals handle these remedies.
Failure to comply with the early conciliation requirements did not mean Employment Tribunal had no jurisdiction to hear claim
A recent ruling has clarified that failing to complete early conciliation doesn’t necessarily strip a tribunal of jurisdiction. This update is important for employers to understand when managing claims.
Employment Tribunal finds “Air kiss” is not sexual harassment
In Chen v Cut Your Wolf Loose, the Employment Tribunal examined whether an “air kiss” on the neck could amount to sexual harassment. The case involved a claim that was based on conduct that may be interpreted as unwanted. The Tribunal’s findings focused on how the actions were perceived and the context. Here's the latest.
EAT overturn “manifestly excessive” injury to feelings award on £10,000 and substitute award of £2,000 in case of unlawful detriment and pregnancy discrimination
The EAT overturned a £10,000 injury to feelings award in a pregnancy discrimination claim, ruling the award was too high. It substituted a lower award, taking into account the limited impact on the claimant.
Clarification of Blacklisting Regulations
The Court of Appeal’s ruling on blacklisting and industrial action highlights important legal protections for employers to be aware of.
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Upcoming changes
Upcoming changes
Government indicates support for ban on using NDAs to cover up sexual harassment allegations
Government indicates support for ban on using NDAs to cover up sexual harassment allegations
The UK government is reconsidering the use of NDAs to cover up sexual harassment allegations. Could a ban be on the horizon?
Drugs and alcohol testing in the workplace: key points from case law
Drugs and alcohol testing in the workplace: key points from case law
Handling drugs and alcohol in the workplace requires careful policy and practice. From testing procedures to managing positive results, case law offers key insights for employers. Find out how to navigate this complex issue below.
Private Members’ Bill proposes placing additional health and safety obligations on employers to prevent workplace harassment
Private Members’ Bill proposes placing additional health and safety obligations on employers to prevent workplace harassment
A Private Members’ Bill could expand employers’ obligations under the Health & Safety at Work Act 1974 to include preventing workplace harassment. While it overlaps with other existing legislation, the Bill’s enforcement provisions would differ. However, the Bill’s passage remains uncertain.
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Resources for HR Professionals
Resources for HR Professionals
Tips for Investigating Sexual Harassment Claims
Tips for Investigating Sexual Harassment Claims
Investigating claims of sexual harassment can be particularly complex and sensitive, so appointing a skilled and experienced investigator in these cases can make a big difference. Here are our Investigations team's top tips for sensitive cases.
How to Support Employees with Autism
How to Support Employees with Autism
This spring we are celebrating Autism Acceptance Month and Neurodiversity Celebration Week. Both these events provide a golden opportunity to consider some of the simple things you can do as an employer to assist employees with autism (and everyone in your organisation, for that matter). Here's our guide.
Good Disciplinary Decisions – Can You Believe They Did It?
Good Disciplinary Decisions – Can You Believe They Did It?
Join Tracey Turner will be sharing a technique to help managers make sure they’re fair & legal when making disciplinary decisions.
She will be taking the very latest implications from the Employment Rights Bill into account and looking into how to help your managers to:
– Link their decision to the evidence from both the evidence and the hearing
– Eradicate the effect of unconscious biases
She will be taking the very latest implications from the Employment Rights Bill into account and looking into how to help your managers to:
– Link their decision to the evidence from both the evidence and the hearing
– Eradicate the effect of unconscious biases
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