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Employment Law Blog

17 December 2015

Red card for the referee. A warning for employers when giving and taking up references

The recent case of Pnaiser v NHS England and Coventry City Council highlights the dangers for employers of deviating from agreed written references and giving additional, but contradictory, verbal comments on a former employee. The Employment Appeal Tribunal’s (“EAT”) decision also makes it clear that potential new employers should be wary of revoking any offer of employment if there is a suggestion that a verbal reference may be influenced by discrimination. 

16 December 2015

Case update: Associated employers, continuous employment and the importance of being transparent with the Employment Tribunal

In the case of Schwarzenbach t/a Thames-side Court Estate v Mr D Jones the employee proved that his two most recent employers were “associated employers” and therefore, taking into account the two periods of successive employment, he had the requisite period of continuous employment to bring an unfair dismissal claim. 

20 November 2015

Gender diversity on boards – the fight continues

Lord Davies’ five year review into improving the gender balance on British boards has now reached completion, with his end of year summary published on 29 October 2015. The results are in, and in the words of the report itself “Reaching the 25% target for the FTSE 100 is a significant achievement and major milestone in our longer journey to improving the gender balance at the top of British business”. 

20 November 2015

Case update: Unfair dismissal: A striking example of procedural errors

In Secretary of State for Justice v Lown, the Employment Appeal Tribunal (the “EAT”), in overturning the first instance decision that Mr Lown had been unfairly dismissed, issued a reminder as to the proper procedural approach Tribunals should adopt when considering unfair dismissal on grounds of misconduct claims.

9 November 2015

Case update: Can someone bring a complaint of indirect discrimination when they themselves do not have the relevant protected characteristic?

That was one of the issues in a recent case involving CHEZ, the local electricity supplier in a predominantly Roma district of Bulgaria. 

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