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Need to Know: October 2023


Employment and HR News

In the latest edition of our ‘Need To Know’ employment and HR newsletter, we look at how to deal with the redundancy of an indecisive employee, how indirect discrimination can affect working mothers and a new development in the application of the law on Protected Philosophical Beliefs in the workplace.

We also have included our usual HR Bullets – which cover other significant employment law updates from the past month.

HR Bullets

  • Dismissive comments about taking time off work due to menopause symptoms were held to amount to a violation of the Claimant’s dignity, for which she was awarded compensation of £37,000; Anderson v Thistle Marine (Peterhead) Ltd [2023] 7 WLUK 692
  • A trainee curate is able to pursue a whistleblowing claim after it was found during a preliminary hearing that he met the extended definition of “worker”, as per Gilham v Ministry of Justice, and he can pursue disability discrimination cases under the Equality Act as an office holder; Green v Lichfield Diocesan Board of Finance [2023] 7 WLUK 625
  • An application to expedite a trial in which the Claimant sought a declaration that a non-compete clause was unenforceable was refused as there was no real, objective urgency; Patricot v Adrian Lee & Partners [2023] EWHC 2493 (Ch)
  • When assessing a Claimant’s compensatory award for whistleblowing, the EAT found that the chain of causation was not broken when the Claimant was referred to the General Teaching Council for Scotland for investigation; McNicholas v Care and Learning Alliance [2023] EAT 127
  • A council was found to have discriminated against an employee whilst she was undergoing gender transition by using her “deadname” (i.e. her pre-transition name); AB v Royal Borough of Kingston upon Thames ET/23036/2021
  • Clawback provisions relating to an employee’s bonus did not amount to a restraint of trade; Steel v Spencer Road LLP (trading as The Omerta Group) [2023] EWHC 2492 (Ch)

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