Employment Matters - June 2021

Published 10 June 2021

Our podcasts exploring the COVID legacy on various aspects of employment law continue. To listen to the latest on whistleblowing click here.

Our pick of the past months notable employment law developments covers discrimination, health and safety dismissals and worker status.

1. Discrimination: A constructive dismissal may be discriminatory even where the last straw is not discriminatory 

The EAT has held that if discriminatory acts play a sufficient part in the overall course of conduct, a constructive dismissal may be discriminatory. This may be the case despite the “last straw” triggering the dismissal not being a discriminatory act.

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2. Health and safety dismissals: Dismissals for causing "upset and friction" when carrying out health and safety activities 

The EAT has held that the dismissal of an employee for causing “upset and friction” when implementing a new safety procedure was automatically unfair.

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3. Disability discrimination: Whether disability is "long term" is assessed as at the date of the alleged discriminatory act

The Court of Appeal has ruled that the long-term effect of an impairment must be considered as at the date of the alleged discriminatory act and a tribunal is not entitled to consider events occurring after the alleged discriminatory act.

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4. Worker status: Mutuality of obligation 

The EAT has held that the absence of mutuality of obligation will not necessarily prevent an individual from being a “worker”.

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