Is it unlawful to dismiss for poor performance when the employer has raised whistleblowing concerns? Ordinarily an employee who brings information about a wrongdoing to the attention of their employer (makes a protected disclosure) will be protected under the Public Interest Disclosure Act 1998. It is unlawful for an employee to suffer a detriment as…
The Equality Act 2010 states that it is against the law to discriminate against an employee on the grounds of their race, sex, age, marital status, religion, sexual orientation, disability, age or pregnancy (protected characteristics). The discriminatory act is straightforward to establish where there is an obvious or direct act of discrimination however what is not…
As you may be aware constructive dismissal occurs when an employee terminates their employment in response to their employee’s treatment of them. The employee has to show that they have resigned in response to fundamental breach of contract by the employer. The Employment Rights Act essentially say that if the employee terminates their contract in…
No, held the Employment Appeal Tribunal in Faithorn Farrell Timms LLP v Bailey, giving the first appellate judgment on protected conversations. Protected conversations are a mechanism whereby employers can enter into discussions concerning the proposed termination of an employee’s employment where there is no existing ‘dispute’ (i.e. that there are no ongoing formal disciplinary/capability issues).…