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‘You will suffer’… Post Employment Victimisation.
Onu v Akwiwu and another UKEAT/0022/12
Ms O, a Nigerian migrant worker felt she had been exploited by her employers and brought claims in the Employment Tribunal for: Direct Race Discrimination and Failure to pay National Minimum Wage.
After commencing proceedings, Ms O's relative...
Employee victimised for bringing a claim against former employer
Employers ought to be wary of dismissing an employee who they discover has brought proceedings against a former employer, following the tribunal's decision in Bouabdillah v Commerzbank AG ET/2203106/12.
Ms Bouabdillah worked for Deutsche Bank and brought claims for sex discrimination and...
‘You are what you eat’…
'You are what you eat'…
But does that make you disabled under the Equality Act 2010?
Mr Walker who weighed approximately 21.5 stone was deemed 'obese' by doctors. Mr Walker suffered from a number of conditions arising out of his disability namely, asthma, chronic fatigue syndrome,...
Dismissal of an employee on long term sick leave deemed fair by the Employment Appeals Tribunal
Case - Jennings v Barts and The London NHS Trust UKEAT/0056/12
Facts
Mr Jennings worked for the Respondent NHS Trust for 9 years until his dismissal in January 2008, on grounds of poor attendance due to poor health. During his employment he had intermittent ill-health absences,...
New Employment Laws 2013 to affect both employers and employees
The government has published the Fifth Statement of New Regulation, which sets out key dates for new employment legislation to come in to force from the Enterprise and Regulatory Reform Bill 2012 - 2013. The government introduced a "One-in, one-out” rule in April 2011 which was welcomed by...
Making age-related comments regarding a colleague’s retirement plan is not considered age discrimination
Case - Quick v Cornwall Council and another ET/1701914/2011
Facts
Mrs Quick was the Headmistress of a primary school in Cornwall. Since 2006 Cornwall Council had been discussing partnerships between 4 primary schools which meant that retirement and redeployment of...
Zero hours contracts – how to avoid the accrual of holiday pay
The Case Heimann and Another v Kaiser GmbH C-229/11 The Facts In 2009, Mr Heimann and Mr Toltschin were dismissed by Kaiser as a result of entering into financial difficulties, however, Kaiser and its works council agreed a social plan under which the dismissed workers'...
