In the latest edition of our ‘Need To Know’ employment and HR newsletter, we look at why drafting is key to waiving future employment claims, changes to the duty to consult and inform in the updated TUPE regulations and we consider whether the tide has shifted with the expression of belief on social media and in the workplace
- Waiving Future Employment Claims – Drafting is Key
- TUPE Regulations: Changes to the duty to consult/inform come into force July 2024
- Expression of belief on social media and in the workplace – has the tide shifted?
We also have included our usual HR Bullets – which cover other significant employment law updates from the past month.
HR Bullets
- An employment tribunal held that an employee was discriminated against and constructively dismissed because of her gender-critical beliefs; Adams v Edinburgh Rape Crisis Centre ETS/4102235/23
- The Court of Appeal held that an employment tribunal erred in finding that contract workers, supplied by a third party to work for a ‘principal’ under a cleaning contract, succeeded with claims of indirect race discrimination against the principal when they were paid less than its directly employed workforce; Boohene and ors v Royal Parks Ltd [2024] EWCA Civ 583
- The EAT held that an employment tribunal erred in failing to find that a contract for the provision of services arose when a volunteer for the coastal rescue service attended activities in respect of which he was entitled to remuneration; Groom v Maritime and Coastguard Agency [2024] EAT 71
- The EAT held that an employment tribunal erred in finding that redundant employees were not entitled to a life-long discount on rail travel following the withdrawal of that benefit by the third-party provider; Adekoya and ors v Heathrow Express Operating Company Ltd [2024] EAT 72
- The EAT upheld an employment tribunal’s decision to strike out age discrimination claims relating to redundancy payments under the Civil Service Compensation Scheme as a justification defence to other claims of a similar nature had already been made out; Pady and ors v HM Revenue and Customs and ors [2024] EAT 73
- The EAT held that an employment tribunal could stay a decision on whether it had jurisdiction to hear a contractual claim for holiday pay brought by a seafarer who had reserved the right to bring a contractual claim in the civil courts for amounts over and above the statutory limit; Lawes v Fleet Maritime Services (Bermuda) Ltd [2024] EAT 77
- The EAT held that an employment tribunal undertook an incorrect analysis when considering whether medical examiners undertaking ‘fitness to fly’ assessments acted as agents of a company supplying cabin crew to airlines under s.109 EqA 2010; Anderson v CAE Crewing Services Ltd [2024] EAT 78
- The EAT upheld an employment judge’s case management decision to order an employer to disclose unredacted copies of internal documents, on the grounds that they were relevant to the pleaded issues and disclosure, was necessary and proportionate; Virgin Atlantic Airways Ltd v Loverseed and others [2024] EAT 79
- The EAT held that an employment tribunal erred in failing to consider the issue of redeployment of a disabled employee when determining the fairness of their dismissal. However there was no error in its failure to consider the possibility of redeployment as a potential reasonable adjustment; Budgen v Royal Mail Group Ltd [2024] EAT 80
- The EAT upheld an employment tribunal’s decision that an employer did not have actual or constructive knowledge of a former employee’s disability, from that individual’s former employment; Godfrey v NatWest Market plc [2024] EAT 81