Articles - DAC Beachcroft

Articles

Employment and Pensions

End of COVID-19 adjusted right to work checks

End of COVID-19 adjusted right to work checks

Traditionally, employers complied with their duties to prevent illegal working by carrying out right to work checks in person with there being only li ...

Entitlement to insured income protection: Importance of contractual wording

Entitlement to insured income protection: Importance of contractual wording

The EAT has upheld a tribunal decision requiring an employer to make payments directly to an employee in respect of annual increases to his long-term ...

Disability discrimination: Indefinite pay protection not a reasonable adjustment

Disability discrimination: Indefinite pay protection not a reasonable adjustment

Indefinite pay protection for a disabled employee who moved roles would not have been a reasonable adjustment. THE FACTS Mrs Aleem was a science teach ...

Disability discrimination: Reasonable adjustments prevented application of absence management policy being discriminatory

Disability discrimination: Reasonable adjustments prevented application of absence management policy being discriminatory

The EAT has held that an employer who had redeployed a disabled employee with protected pay and supported her unsuccessful attempts to find alternativ ...

Disability discrimination: Employer had no knowledge of disability

Disability discrimination: Employer had no knowledge of disability

The EAT has upheld a decision that an employee was not disabled or, if he was, that his employer had no knowledge of any disability.  THE FACTS Mr Sec ...

Unfair dismissal: Right of appeal in redundancy dismissals

Unfair dismissal: Right of appeal in redundancy dismissals

The Court of Appeal has confirmed that the absence of any appeal does not of itself make a redundancy dismissal unfair, but that it is one of the many ...

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

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

The Supreme Court has confirmed that claimants bear the initial burden of proof in discrimination claims. The Equality Act 2010 did not change the req ...

Unfair dismissal: SOSR dismissal of teacher charged with a criminal offence but not prosecuted was fair

Unfair dismissal: SOSR dismissal of teacher charged with a criminal offence but not prosecuted was fair

The Court of Session in Scotland (equivalent of the Court of Appeal in England) has found that a teacher who had been charged by the police with posse ...

Harassment: Constructive dismissal can amount to an act of unlawful harassment

Harassment: Constructive dismissal can amount to an act of unlawful harassment

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

Tribunal awards: Victim of harassment awarded compensation for career long loss

Tribunal awards: Victim of harassment awarded compensation for career long loss

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