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In the April edition of our Employment Law & HR update, we have published a selection of news, insights, case studies and resources including:
- Whistleblowing case involving unfair dismissal and detriment due to protected disclosure;
- EAT ruling highlighting the importance of burden of proof in discrimination claims;
- Details of our next employment law webinar on 'Managing long-term absence';
- Case review where a gender-critical worker was awarded £58k compensation in a protected belief claim; and
- Download our guide to 'Performance Management - Best Practice'.
If you require further information on anything included in this update or any employment issue you may be facing, please do not hesitate to contact the Employment team on 01332 867 766 or by replying to this email. |
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WTTC communications chief loses whistleblowing appeal
Nicol -v- World Travel and Tourism Council, Gloria Guevara and Emilio Gracia
This case involves Mr Nicol, the Vice-President of Communications and PR at WTTC, who claimed unfair dismissal and detriment due to protected disclosures he made about the WTTC's President and CEO.
The Employment Appeal Tribunal (EAT) upheld the tribunal's decision, emphasising that in whistleblowing cases, the decision-maker's understanding of the content of the protected disclosure is crucial for liability in unfair dismissal or detriment.
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Burden of proof in discrimination claims
Atif -v- Dolce & Gabbana UK Limited
In a recent discrimination case, the Claimant, employed by Dolce & Gabbana UK Limited, raised claims of unfair dismissal and race discrimination. Despite the Tribunal initially rejecting her claims, the subsequent appeal to the Employment Appeal Tribunal (EAT) brought crucial insights to the forefront.
This ETA ruling highlights the importance for employers to proactively address potential discrimination factors and be ready to substantiate their actions to navigate litigation effectively.
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WEBINAR: Managing long-term absence
Join us for an insightful webinar on Thursday 23 May where we delve into the legal landscape surrounding absence management and equip you with effective strategies to help support you in managing long-term absence.
Key topics to be covered include:
- Key legal and practical issues (including how to fairly dismiss a long-term absent employee).
- How to identify and manage associated risks.
- How to get the best from an Occupational Health referral.
- Caselaw round-up.
This webinar will last one hour and feature presentations, case studies, and a dedicated Q&A session where you can engage directly with our experts.
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CASE STUDY Gender-critical social worker awarded £58k compensation in protected belief claim
Meade -v- Westminster City Council & Social Work England
Rachel Meade, a social worker employed by Westminster City Council, found herself at the centre of a controversy when her gender-critical beliefs, expressed on her private Facebook page, sparked a disciplinary process initiated by a colleague. Meade's posts, which expressed views aligned with gender-critical perspectives, were deemed transphobic by her colleague, leading to a fitness-to-practise investigation by Social Work England.
This case serves as a poignant reminder for employers to handle matters concerning religion and belief with utmost care, ensuring a proportionate and respectful response to concerns raised.
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Download our guide to 'Performance Management - Best Practice'
Navigating the complexities of performance management can be challenging for any manager.
To help, we have produced a guide to 'Performance Management – Best Practice' which includes invaluable insights and actionable steps you can implement to enhance your performance management process.
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Contact our employment law experts
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© Flint Bishop LLP The content of this email is provided for general interest and information. It contains only a brief overview of aspects of the subject matter and is not intended to provide comprehensive statements of the law. It does not constitute legal advice and is not intended to provide a substitute for it. Your information will be processed in accordance with our privacy notice. Flint Bishop LLP is a Limited Liability Partnership, registered in England and Wales. Our registration number is OC317931. Its registered office is Pinnacle Building, 2 Prospect Place, Pride Park, Derby DE24 8HG. We are authorised and regulated by the Solicitors Regulation Authority (SRA ID 509657). A list of members’ names is available for inspection at our registered office. Any reference to a Partner of Flint Bishop LLP means a member or an employee with equivalent standing and qualifications. Flint Bishop Solicitors and FBDebt are trading names of Flint Bishop LLP.
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