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Hello!

Welcome to this months' update.

We hope you like the new look and feel! Make sure you are logged in to the hub so that you can access all the new case law and updates that we're covering.

A couple of things from me to kick us off: don't miss the Court of Appeal discrimination case - it provides great clarity on the distinction between a “one off” act as opposed to “continuous acts” of discrimination, which can really help if you ever find yourself dealing with numerous allegations as part of a grievance or claim.

We have also been receiving plenty of queries about long term sickness absence, so we've included some tips for your managers to help with the process.

Enjoy the update, and speak soon,

Stephen

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New Case Law

Worker Status

In Johnson v Transopco, the Employment Appeal Tribunal (EAT) found that a taxi driver using a rides app was in business on his own account rather than being a worker.

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Vicarious Liability

In Chell v Tarmac Cement and Lime, the High Court has looked at whether an employer should be vicariously liable for an employee’s practical joke which seriously injured a contractor.

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Discrimination

The Court of Appeal in Parr v Moore Stephens LLP has considered a case recently which relied on the continuing act argument to bring a claim within time.

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Employment Tribunals: Extensions of Time

In Wells Cathedral School v Souter, a husband and wife were both teachers and brought claims against their employer for disability discrimination.

Both claims were brought outside the time limit. The tribunal had to decide whether it was just and equitable to extend the time limit so the employees could bring their claims.

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Unfair Dismissal

The unfair dismissal test in section 98 of the Employment Rights Act 1996 refers only to ‘conduct’.

This issue was considered by the EAT in the recent case of Hope v British Medical Association.

We visit the tribunal, EAT and the final decision.

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Discrimination Compensation

A tribunal has awarded a female banker one of the largest awards of compensation ever made.

In a 78-page remedy judgment, the employee was awarded back pay and bonus pay of nearly £400,000, future losses of around £850,000 as well as injury to feelings, personal injury and aggravated damages awards.

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Case Updates

The 'Cake Case'

This must be one of the most famous cases of recent years. Back in 2020, the Supreme Court said that a bakery and its Christian owners had not directly discriminated against a customer when they refused to bake a cake bearing the slogan ‘Support gay marriage’. Ending seven years of litigation on this case, the European Court of Human Rights has had its say...

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Menopause

The Women and Equalities Committee is conducting an inquiry into menopause and the workplace. We've got the latest on the inquiry and what it means for employers.

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Menopause has long been one of those ‘taboo’ subjects. With this comes a stigma, where no one talks about it and therefore there is a lot of misunderstanding (even amongst women). Many employers also dont realise that Menopause can be experienced by people who are transitioning.

Don't miss our guidance on the things you could be doing now to better support your workforce, there's also a free template policy to get you going! I'd be happy to chat more about this topic, so don't hesitate to drop me a line on LinkedIn.

Yvonne, Head of HR, Diversity & Inclusion, Vista

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In The News

4-Day Working Week

Is the two-day weekend set to become a thing of the past?

3 days to switch off sounds lovely, doesn't it?!

A pilot is due to start in June 2022 and will put the four-day working week to the test across a group of businesses.

We've got the latest here.

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Tips on Managing Long Term Sickness Absence

When someone goes off sick and the absence becomes prolonged, with no specific ‘trigger points’ to prompt (or justify) taking action, management can seem unstructured.

Here’s a few tips on how managers can keep their finger on the pulse of an ever-evolving long term sickness absence.

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Free Workshop: Planning your Investigation

A live webinar for HR professionals with two leading industry experts. We’ll be sharing our 3-part technique to help your managers plan their investigations like a pro.

With 100% of managers reporting more confidence in their investigation reports as a result of using this technique - don't miss it!

Book Now >