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Category Archives: Employment

Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Some other substantial reason dismissal

The EAT has held that there is not a particularly high threshold required for an employer to meet when dismissing an employee because of a ‘substantial reason’ (Ssekisonge v Barts Health NHS Trust). The EAT rejected an argument that in a ‘no fault’ some other substantial reason dismissal there was a particularly high threshold for... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Discrimination – adjustments for candidates with Aspergers Syndrome

In The Government Legal Service v Brookes, the EAT held that a job applicant with Aspergers Syndrome (AS) was discriminated against by being required to sit a psychometric test. The EAT held that the PCP requiring applicants to pass the test put a group of people, such as Brookes, at a particular disadvantage compared with... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Indirect Discrimination

The Supreme Court has recently held in Essop and others v Home Office (UK Border Agency) and Naeem v Secretary for Justice that in order to succeed with a claim for indirect discrimination, it is not necessary to establish the reason for the particular disadvantage to which a group is put compared to another. The... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

ACAS Early Conciliation

The EAT held that if ACAS issues a second early conciliation certificate in respect of the same matter, this does not extend the time for making a claim (HMRC v Garau). HMRC argued that the second certificate was unnecessary and had no effect on the running of time for limitation purposes. They argued that the... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Taylor Review of Modern Working Practices

The Taylor Review was published this month.  The proposals include: – Keeping the distinction between employers and workers and naming workers “dependent contractors”. Definitions to be implemented for employees and workers. Removing the requirement for workers to have a contract to preform work personally. Treating workers treated as “employed” for the purposes of their tax... Read the rest of this entry →

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Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

Shiva Shadi – Partner & Head of the Employment team at Davis Blank Furniss – discusses the Supreme Court’s Judgement on Tribunal Fee System

Unison has finally succeeded in its four-year campaign against the introduction of tribunal fees that was introduced back in 2013.  The introduction of the fees has seen a reduction of 70% in claims being lodged at the Employment Tribunal. Lord Reed giving the leading judgement – and who has previously sat on the EU Court... Read the rest of this entry →

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Shiva Shadi – partner and head of Employment – discusses the statutory requirement for employees to have companions at formal meetings.

It can be quite daunting walking into a disciplinary or a grievance meeting. They can be stressful, even when you are used to having formal meetings routinely as part of your work.  However, it is far more daunting if you are raising a grievance of sexual harassment against a colleague or you are called into... Read the rest of this entry →

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Shiva Shadi – partner and head of Employment – discusses Dress Codes at Work: One Size Does Not Fit All!

It does not come as a surprise that most organisations have a “one size fits all” dress code or policy.  It would also not be surprising if the dress code stipulated that staff should maintain appropriate standards of dress and personal appearance to promote a positive and professional image.  It is – however – uncomfortable,... Read the rest of this entry →

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Employment Law Newsletter – January 2017

Happy New Year to those we have not spoken to yet this year. Although the festive season already feels like many moons ago and the Easter break is far away on the horizon, you will no doubt be kept occupied by thoughts of Brexit’s impending impact on businesses and the latest policies from across the... Read the rest of this entry →

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Considering Expired Warnings in a Dismissal

The EAT in Stratford v Auto Trail VR Ltd (31 October 2016) had to consider whether dismissal for gross misconduct using expired warnings could be fair. The employee in this case committed an act that would normally only attract a final written warning, he had no current warnings but he did have a long disciplinary... Read the rest of this entry →

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