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Need to Know: Employment Law |

Need to Know: November 2021

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In this latest edition of our ‘Need To Know’ employment and HR newsletter, we look at the employment highlights from the Autumn Budget 2021; a recent case around the law on employee competition; a recent Court of Appeal decision dealing with the issues of worker status, and much more. We also have included our usual HR Bullets – which cover other significant employment law updates from the past month.

Here are some of our key articles:

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HR Bullets

  • The Employment Appeal Tribunal (“EAT”) held that an Employment Tribunal erred for finding that an employee suffering from menopausal symptoms was not disabled under the Equality Act 2010, and in striking out her disability and sex discrimination, harassment and victimisation claims. In its finding, the EAT held that the Tribunal needed to provide careful and reasoned analysis in making determinations on preliminary issues in discrimination claims. (Ms M Rooney v Leicester City Council)
  • The EAT held that an Employment Tribunal was not wrong for rejecting a discrimination claim regarding a dismissal for something arising from disability under s. 15 of the Equality Act when the employer was not aware of the disability until after dismissal. (Stott v Ralli Ltd)
  • An Employment Tribunal made an error in identifying a reason for dismissal that neither party had raised during proceedings and by failing to notify the parties of that reason prior to making a decision, found the EAT in the case of Mr J Stone v Burflex (Scaffolding) Limited
  • The EAT, in dismissing the claimant’s appeal, held that a former stripper was not entitled to anonymity in a claim regarding holiday pay. (A v Burke and Hare)

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