Employment Matters - July 2021

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Employment Matters - July 2021

Published 6 julio 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: Protection from discrimination on the grounds of gender critical beliefs

The EAT has held that a gender critical belief, including a belief that sex is immutable and should not be conflated with gender identity, is a protected philosophical belief. 

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2. Discrimination: Women are less likely to be able to accommodate certain working patterns than men because of childcare responsibilities

A tribunal should have assumed, without needing evidence, that there is a “childcare disparity”, with women being less likely to accommodate some working patterns than men because of childcare responsibilities.

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3. Industrial action: Protection from suffering a detriment for participating in industrial action

The lack of protection in UK legislation from suffering a detriment for participating in industrial action breaches the Human Rights Act.

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4. Whistleblowing: Was the decision to dismiss materially influenced by whistleblowing disclosures?

The decision to dismiss a whistleblower was influenced entirely by his behaviour after he had blown the whistle.  This behaviour was separate and distinct from the whistleblowing, and the dismissal was not automatically unfair.

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5. Update on Government proposals

In 2019, the Government proposed several reforms to employment law which have been side-tracked by the pandemic.  We have given an update on the status of these proposals.     

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Authors

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

Hilary Larter

Hilary Larter

Leeds

+44 (0)113 251 4710

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

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