The Indicator Podcast

The Indicator Podcast

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The Indicator Podcast episodes

  • EAT considers number of issues in discrimination claim relating to anti-Zionism beliefs

    In this case, the Employment Appeal Tribunal looked at a number of issues including whether anti-Zionism beliefs were protected, whether a tribunal had wrongly determined the chance that the employee would have been dismissed in any event and what impact the way in which the employee had expressed his beliefs should have in reducing the amount of his compensation. Listen along to find out what happened!


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    4 min
  • Can a whistleblower cherry pick disclosures to demonstrate reasonable belief?

    In this case, the Employment Appeal Tribunal was asked to consider whether a whistleblower could compel a tribunal to look at only those parts of his disclosures on which he wished to rely on in his claim to determine whether or not he reasonably believed them to be true in circumstances where the disclosures as a whole were wider in scope. Listen along to find out what happened!


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    5 min
  • When considering a wrongful dismissal claim, what is the relevance of any duress the employee was under?

    In this case, the Employment Appeal Tribunal was asked to determine, when considering a wrongful dismissal claim where an employee was dismissal forgross misconduct, what the relevance of the fact the employee was under duress at the time of their behaviour was.  The employee in question was a teacher who sent an inappropriate message to a student at the behest of her husband while in a coercive and controlling relationship and at a time when she feared for the safety of her children and herself.  Listen along to find out what happened!


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    4 min
  • Did an obligation to repay training costs amount to an unenforceable restraint of trade?

    In this case, the Court of Appeal considered whether requiring the repayment of training costs when employment comes to an end can amount to an unreasonable restraint of trade.  The employee in question was, during his employment with the company, earning little above minimum wage and the training costs it sought to recoup were substantial. Listen along to find out what happened!


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    6 min
  • Were messages added to a union WhatsApp group protected trade union activities?

    In this case, the Employment Appeal Tribunal was asked to consider whether an employee was taking part in protected trade union activities when he added abusive and threatening messages to a trade union WhatsApp group. The messages in question were reported to the employer by another member of staff and subsequently the employer took disciplinary action in relation to them. Listen along to find out what happened!


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    4 min
  • Can the right to be given an itemised pay statement be satisfied by providing electronic payslips?

    In this case, the Employment Appeal Tribunal was asked to consider whether the requirement to provide workers with a written itemised pay statement could be satisfied by providing workers with access to electronic payslips in circumstances where an employee argued that it could not. Listen along to find out what happened!


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    4 min
  • Was a pub operator liable for assault on customer by door supervisors employed by a contractor?

    In this case, the Court of Appeal considered whether the extended form of vicarious liability for relationships akin to employment could be relied on to make a pub operator liable for an assault by door supervisors who were employed by a security contractor. Listen along to find out what happened!


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    4 min
  • When is an employer liable for an employee’s unauthorised use of personal data which it provided them access to?

    In this case, the High Court considered whether a police force was responsible for the unlawful behaviour of one of its constables relating to access it provided him to individuals’ personal data, in circumstances where the constable had pleaded guilty to criminal charges relating to the same matter. Listen along to find out what happened!


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    5 min
  • How can an employee’s contributory conduct affect the type and amount of unfair dismissal orders/awards?

    In this case, the EAT was asked to consider whether the decision of an employment tribunal to order reinstatement in an unfair dismissal case should be overturned on the basis of the employee’s contribution to their own dismissal.  It was also asked to consider what the extent of contributory fault was, if any, in relation to the same employee’s posts on social media. Listen along to find out what happened!


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    4 min

About The Indicator Podcast

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Bitesize insights into tax, HR and health & safety from the experts.