What is maternity leave discrimination? Section 18 of the Equality Act 2010 states that a woman should not be treated less favourably because of her pregnancy or for absence during her maternity leave. For a woman to prove maternity leave discrimination in the workplace, she must provide evidence to suggest that, if it wasn’t for her pregnancy or maternity leave, she would not have been dismissed, made redundant or treated less favourably …
As of 6th April 2017, the maximum statutory redundancy payment that can be awarded to employees in an employment tribunal has increased, under new legislation published by the government. If an employer makes an employee who has two or more years service, redundant, then they must make a statutory redundancy payment based on the amount they earn per week, length of service and age. Weekly pay has now been set at a …
The Transfer of Undertakings (Protection of Employment) Regulations 2006 better known as TUPE (pronounced 2P) were conceived to protect employees when the organisations that they work for changed hands. Simply put, it protects the employment rights and main terms and conditions of employment so that they are not effected by a change of ownership. When do TUPE Regulations apply? There are three scenarios where the TUPE Regulations apply: A. Where …
Case law highlights the need for openness in the advertising of internal job opportunities. In Uddin v Westex Carpets Ltd ET/1805994/12 Mr Uddin had worked for twenty years as a night shift manager. He was hoping to apply for a promotion when one of the senior managers retired. Unfortunately the vacancy was never advertised and a white man was selected for the promotion seemingly without any proper selection criteria being applied. Mr …
There are several notable employment law cases which deal with whether or not a single remark can constitute dismissal. In Richmond Pharmacology v Dhaliwal [2009] UKEAT it was held that a remark made to a Claimant about the possibility of her being “married off in India” was capable of violating her dignity and did constitute harassment for the purposes of the discrimination legislation. What an Employment Tribunal has to do …
Submitting your claim Once your claim is submitted (ET1 claim form), the Respondent is formally advised of the details of your claim and then has 28 days to submit their defence to your claim (ET3 Response). Preliminary Hearing Once their defence has been received, a Preliminary Hearing will normally be scheduled. During Preliminary Hearings (which often take place by telephone) the Judge will ask the parties to clarify the issues …
Previously flexible working requests were limited to those employees with children. Nowadays, any person who has employed for 26 weeks for the same company is entitled to make a flexible working request. Request can be made informally or formally as statutory requests. Why make an informal request? If you have not worked for your employer for 26 you will not be eligible to make a statutory request but you may …