Employment Matters - August 2021

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Employment Matters - August 2021

Published 5 August 2021

DAC Beachcroft's Employment Matters focuses on some of the most interesting cases and events occurring within the Employment Law sector.

Case law developments this month include:

1. Discrimination: The Supreme Court has confirmed that claimants bear the initial burden of proof to establish a prima facie case in discrimination claims.

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2. Unfair dismissal: The Court of Session has found that a teacher who had been charged by the police with possession of indecent images of children but not prosecuted was fairly dismissed for “some other substantial reason”.

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3. Tribunal awards: The EAT has upheld a tribunal’s decision to calculate compensation for direct sexual orientation discrimination and harassment on the basis of career long loss.

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4. Harassment: The EAT has held that a constructive dismissal can constitute an act of discriminatory harassment. This is a departure from previous case law.

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5. Sexual harassment: The Government has said it will introduce a new duty on employers to prevent sexual harassment.

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Authors

Hilary Larter

Hilary Larter

Leeds

+44 (0)113 251 4710

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

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