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Michael Fallon resigns but is not necessarily guilty of sexual harassment

Michael Fallon resigns as Defence Secretary, following an allegation of sexual harassment, his resignation letter states that “in the past” his behaviour “had fallen below the high standards that we require of the Armed Forces”.  The Allegation Whilst there may be other allegations of harassment in the swirl of accusations, denials and apologies circling around … Read more

What is a Provision Criterion or Practice (a “PCP”)?

A provision criterion or practice (PCP) is a legal term used in discrimination law. In particular, PCP is used in indirect discrimination claims.  In order to prove indirect discrimination, firstly, an employee must prove that a provision criterion or practice has been applied to them. See Section 19(1) of the Equality Act 2010. The employee must … Read more

Flexible Working Request Letter Example

Can anyone make a flexible working request? In order to make and write a flexible working request letter, the employee must have been employed by the same employer for 26 weeks.  An employee is only entitled to make one flexible working request every 12 months. If the request is rejected, the employee is entitled to appeal. However, they … Read more

Case Study: Uplift of injury to feelings awards in discrimination cases

The Court of Appeal has recently provided clarification as to whether uplifts in damages should be applied to injury to feelings awards in Employment Tribunal discrimination cases. The personal injury case of Simmons vs Castle provides authority for an uplift to damages of 10% in certain types of personal injury claims. The increase in compensation … Read more

Time off for religious observance

There is no legal right to time off for religious duties, prayer, worship and festivals.  That said, employees who have been refused time off for religious festivals have brought successful claims in employment tribunals for religious discrimination where there has not been a legitimate business reason behind the refusal.  Muslim employees in a Tesco store … Read more

Gender pay gap reporting: Why have so few revealed their data so far?

In a bid to narrow the gender pay gap (the difference between the pay of male and female employees) the government introduced legislation requiring all employers with over 250 staff to publish details of their pay gap by March or April 2018. Recently released figures show that only 85 of a possible 9000 organisations have … Read more

Case Study: Older employee told “better suited to traditional agency”

The recently reported case of Gomes v Henworth Limited and another.  The Claimant had been employed since 2009 by an estate agent as an Administrative Assistant.  During a conversation about alleged shortcomings with her work (errors in a letter that was sent out).  The tribunal found that the second Respondent, Mr Graham Gold, had said … Read more

Whistle-Blowing Claims: What is meant by “in the public interest?”

As of 2013 (the Enterprise and Regulatory Reform Act 2013) Claimants in whistle-blowing claims have to establish that the public interest disclosure that they rely upon was made “in the public interest”. A recent Court of Appeal decision, Chesterton Global Limited & Another v Nurmohamed & Another [2007 EWCA Civ 979] has provided some additional insights … Read more

Cohabitees and others not protected by marriage discrimination

Originally conceived to prevent women from being dismissed upon marrying, marriage discrimination now prevents those who are married or civil partners from being subjected to any type of discrimination.  Section 8 of the Equality Act 2010 does not protect: single people; people who live together; the divorced or those whose civil partnerships have been dissolved; … Read more