Autumn 2024
Case Law
In this season’s update we cover some interesting developments in case law. An Employment Appeal Tribunal (EAT) case in which the EAT has reminded Tribunals to focus on the employer’s conduct (not the employee’s conduct) when looking at constructive dismissal. We then look at an interesting case in which Tesco lost in the Supreme Court when it attempted to dismiss and re-engage, in order to remove a particular term, which had been negotiated with the unions some 17 years ago. In a bad month for major retailers, we then look at the success of an equal pay claim against Next Retail Limited, before finally looking at a case which centred on whether a Claimant’s belief in English nationalism was a protected characteristic under the Equality Act 2010.
- Nelson v Renfrewshire Council (Employment Appeal Tribunal)
- USDAW & Ors v Tesco (Supreme Court)
- Thandi and ors v Next Retail Ltd and anor
- Thomas v Surrey & Borders Partnership NHS Foundation Trust
Sexual Harassment
We refer MILS members to our website for an article in which we remind employers of an important change coming into effect this October, as more stringent duties on employers to actively prevent sexual harassment come into force.
Employment Law Developments
Finally, we signpost to MILS members an article posted on the MILS website in which our Junior Counsel, William Baylis-Allen, provides a review of anticipated developments proposed by this Government over the next few years.
