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What are Injury to Feelings?

How are employees compensated in discrimination cases over and above the loss of earnings that they may have incurred by way of an injury to feelings award. Injury to feelings awards are, unlike unfair dismissal awards, unlimited. The Tribunal will, if it considers that an employee has suffered discrimination, try to compensate that individual so … Read more

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

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

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

Ramadan: A Guide for Employers

Ramadan is a worldwide month of fasting observed by Muslims in the ninth month of the Islamic Calendar. Ramadan will next fall on the 16th May 2018 until the 14th June 2018.      Muslims avoid eating or drinking liquids between daybreak and sunset. There are exceptions for the ill, diabetics, breastfeeding mothers and other groups … Read more

Social Media Dismissals

Dismissals arising out of social media posts Never before have the boundaries between work and home been so blurred. Where once disgruntled employees poured their woes out to each other in the pub after work they now take to social media to air their grievances. As a result social media dismissals have become far more … Read more