Articles - DAC Beachcroft

Articles

Employment and Pensions

Unfair dismissal: Re-opening a disciplinary process that has already concluded

Unfair dismissal: Re-opening a disciplinary process that has already concluded

The EAT has upheld a tribunal’s decision that it was not unfair to dismiss an employee after reopening a previously concluded disciplinary process

Misuse of private information: Employer’s use of unlawfully obtained private Whatsapp messages

Misuse of private information: Employer’s use of unlawfully obtained private Whatsapp messages

The High Court has refused to strike out a claim for misuse of private information where an employer had obtained and used an ex-employee’s WhatsApp m ...

Disability discrimination: Dismissal of disabled employee on long term sickness absence

Disability discrimination: Dismissal of disabled employee on long term sickness absence

The EAT has overturned a tribunal’s decision that it was discriminatory for an employer to have awarded a disabled employee only a proportion of a dis ...

Discrimination: Marital status

Discrimination: Marital status

The EAT has held that a tribunal erred in finding that an employee had been subjected to direct discrimination because of her marital status

Employment Matters – February 2023

Employment Matters – February 2023

This month has seen a raft of government announcements. We have already alerted readers to the Government’s consultation on calculating holiday entitl ...

Government consultation on calculating holiday entitlement for part year workers

Government consultation on calculating holiday entitlement for part year workers

The Government have issued a consultation paper to address the issues that have arisen out of the Supreme Court’s Judgment in Harpur Trust v Brazel – ...

Government consultation on calculating holiday entitlement for part year workers

Government consultation on calculating holiday entitlement for part year workers

The Government have issued a consultation paper to address the issues that have arisen out of the Supreme Court’s Judgment in Harpur Trust v Brazel – ...

Employment Matters - January 2023 - Commercial

Employment Matters - January 2023 - Commercial

Our pick of the most interesting cases from the end of 2022 are covered in this alert. 2023 may well be a year of change, with reforms to flexible wor ...

Without prejudice: Settlement offer made at a grievance hearing was “without prejudice”

Without prejudice: Settlement offer made at a grievance hearing was “without prejudice”

The EAT has upheld a tribunal judgment that a settlement offer made at a grievance hearing should be treated as being “without prejudice” and therefor ...

Settling claims: Wording of COT3 agreements

Settling claims: Wording of COT3 agreements

The Court of Appeal has upheld an EAT decision that a claim of knowingly helping another to commit an act of victimisation was validly waived by a COT ...