Paragraph 1 to schedule 9 of the Equality Act 2010 sets out the general occupational requirement exception, which applies to direct discrimination claims. There will be no liability for direct discrimination where holding a particular protected characteristic (or, in some cases, not holding it) is an occupational requirement.
The Employment Appeal Tribunal recently looked in detail at the definition of disability under Equality Act 2010 and, in particular, what should be regarded as ‘day to day activities’ when considering whether a Claimant’s impairment has a substantial adverse impact on day to day activities.
During demanding times, many companies need to bring in temporary staff members to help take on the additional work. Seasonal workers can provide an effective short-term solution, however, it is important that you do not neglect their rights.
A recent Employment Appeal Tribunal decision reminds employers that it is crucially important that redundancy proposals are shared with the workforce at a formative stage. Failure to do so could make any resulting dismissals unfair. In Joseph de Bank Haycocks v ADP RPO UK Limited, the Claimant and the wider workforce were not consulted about redundancy proposals before pooling and scoring took place. The criteria for selection and the Claimant’s own scores were not provided to him before his dismissal. This information was, however, provided on appeal. The EAT held that the failure to consult at a formative stage meant that the dismissal was unfair. The EAT held that ‘whilst the appeal could correct any missing aspect of the individual consultation process (e.g. the provision of the claimant’s …scores), it could not repair [the] gap of consultation in the formative stage’.
Bhajan Khalsa joined Bermans in October 2023 and is currently a Trainee Solicitor in the ABL Litigation team in Manchester.
Bhajan deals with contentious and non-contentious matters. The contentious work he is involved in includes bringing/defending claims against directors arising out of insolvencies.
He completed the LPC at Huddersfield University and has previous experience working in asset finance and invoice finance work for a broad range of lenders.
Jason McKnight is a partner and director of RECOM Solutions, a construction and project management business based in Salford Quays which operates across the north west and beyond.
Tom Simpson (pictured), joined Bermans in 2023 and is a Partner in our Property team. We spoke to him to learn more about him and his interests and work.
The government has recently introduced new laws aimed at tackling corruption, money laundering and fraud involving corporate entities. The Economic Crime and Corporate Transparency Act 2023 (the Act) received royal assent on 26 October 2023, and aims to reform the way in which economic crime is tackled and to improve the transparency over corporate organisations.
Many of you will have heard Angela Rayner’s recent remarks in which she explained the changes that the Labour Party propose to make to employment law in the event that they win the general election next year.
The proposals are radical to say the least, and, if enacted, would completely change the employment law landscape for years to come.
In September, the government published its response to its consultation taken in 2021 on the future of insolvency regulation, setting out a package of proposed reforms that, in their own words “represent the biggest change to the way the insolvency profession is regulated in nearly 40 years and future-proof the regulatory framework as the insolvency market continues to evolve”.