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Employers often approach us looking for ways to reduce their litigation costs. One of the ways in which we do this is to get the most frivolous claims struck out, thus negating the need for a full hearing.
In the future this may be more difficult due to the recent case of Reilly v Tayside Public Transport. In this case the EAT suggested that an employment judge should not strike out unfair dismissal claims as having no reasonable prospect of success, where the principal issue is whether the dismissal fell within the range of reasonable responses.
If judges require more cases to go to a full hearing then there will be an associated increase in costs for employers. With the current financial pressures on businesses, especially in the public sector, it will be important to see how tribunals react to the judgement.
For the first time, the Office for National Statistics (“ONS”) has analysed pay gaps between disabled and non-disabled employees in the UK using newly reweighted earnings data from the Annual Population Survey.
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An Employment Tribunal has considered the definition of “employee” under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and concluded that this definition is wide enough to cover those who would be more usually described within the UK as workers.
The decision of the Supreme Court extends the scope of whistle-blower protection and is a wider approach than that taken in direct discrimination claims.
An 89 year old former patient pathway co-ordinator has been awarded £200,000 by an Employment Tribunal for unfair dismissal and age and disability discrimination following her dismissal on capability grounds.
Senior Associate
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