Employment Bulletin - August 2020

Disability discrimination: Court of Appeal re-examines the correct test to establish causation for discrimination arising from disability claims- Robinson v DWP

The Court of Appeal reiterates that the relevant test for a claim for discrimination arising from a disability is whether the treatment complained of was ‘because of’ the Claimant’s disability, rather than ‘but for’ their disability.

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Unfair Dismissal – EAT considers whether a dismissal without following any procedure was fair- Gallacher v Abellio Scotrail

An Employment Appeals Tribunal (‘EAT’) in Scotland has held that the dismissal of a Claimant arising as a result of breakdown in relations, in which no procedure was followed or any right of appeal was offered, was not unfair.

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Public sector exit payments: Government publishes draft regulations imposing a £95,000 cap

Since 2015, the Government have been proposing to impose a cap on public sector exit payments. The intention is to prevent employers paying out large sums of public money to individuals leaving their employment. After various consultations and responses to consultations, draft regulations have now been published outlining further details of the proposed £95,000 cap on exit payments in the public sector. The full regulations can be found here.

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TUPE: European Court of Justice holds that the employment contract of a transferring worker can be split between transferees - ISS Facility Services v Govaerts

The European Court of Justice (ECJ) has confirmed that for transfers involving multiple transferees, the employment contracts of transferring employees can be split proportionally between each transferee in accordance with the tasks completed and time spent working for each one.

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Equal Pay: Court of Appeal considers the material factor defence - Walker v Co-operative Group Limited

The Court of Appeal has held that the Employment Tribunal (‘ET’) was wrong to hold that material factors relied on by the Respondent as a defence to an equal pay claim ceased to apply at some point between when the decision was made on the level of salary and a job evaluation survey a year later.

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Employment Status: ET holds that couriers are workers despite express contractual clauses referring to them as self-employed - O'Eachtiarna and others v CitySprint (UK) Ltd

The Employment Tribunal (‘ET’) has held that despite contractual terms expressly referring to couriers as being self-employed, they were in fact workers following a consideration of what happens in practice.

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The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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