Employment Bulletin October 2019

  • Whisteblowing: Is reasonable belied that a protected disclosure is in the public interest sufficient?
  • World Mental Health Day - Employers responsibilities within the work place
  • Out-of-hours GP providing services through limited company is a worker rather than self-employed
  • Applying exceptions to the confidentiality of pre termination negotiations
  • Is an unwanted massage given by a manager to a junior employee sexual harassment?
  • Can being a vegetarian qualify as a protected characteristic under the Equality Act 2010?
Whistleblowing: Is reasonable belief that a protected disclosure is in the public interest sufficient?

In the recent case of Okwu v Rise Community Action, The Employment Appeal Tribunal (‘EAT’) held that it is enough for an employee to hold a reasonable belief that a disclosure is in the public interest, even if it may not be, to be legally protected for whistleblowing.

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World Mental Health Day - Employers Responsibilities Within the Workplace

The 10th of October 2019 marked World Mental Health Day, which this year has a theme of wellbeing in the workplace. In light of the increasing awareness around this issue, employers should be aware of the importance of staff wellbeing and their legal obligations around this.

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Out-of-hours GP providing services through limited company is a worker rather than self-employed

Last month, the Employment Appeal Tribunal (‘EAT’) upheld the ruling that an out-of-hours GP providing medical services to the NHS through a limited company was a worker, not self-employed.

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Applying exceptions to the confidentiality of pre termination negotiations

The Employment Appeal Tribunal (‘EAT’) has provided guidance on applying the exceptions to the confidentiality of pre termination negotiations and confirmed that they should be considered if the facts of the case suggest they apply.

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Is an unwanted massage given by a manager to a junior employee sexual harassment?

The Employment Appeal Tribunal (‘EAT’) upheld the decision of the employment tribunal (‘ET’) that a massage provided by a team leader did not amount to sexual harassment under the Equality Act.

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Can being a vegetarian qualify as a protected characteristic under the Equality Act 2010?

In the case of Conisbee v Crossley Farms Ltd, the employment tribunal (‘ET’) held that you cannot discriminate against someone because they are vegetarian, as it is not a protected religion or belief.

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The law and practice referred to in this article 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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