The Indicator Podcast

While not an employment-related case, this case is one of the first to deal with transgender and single-sex issues since the Supreme Court’s decision in For Women Scotland Limited v The Scottish Ministers and is useful in demonstrating how that decision is likely to be applied. Listen along to find out what happened!

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The employee in this case brought whistleblowing claims against their employer which were then settled between the parties.  After the matter settled the employer made statements about the proceedings which the employee said amounted to detriments and which he brought further claims in relation to.  The Employment Appeal Tribunal was tasked with determining whether those post-employment detriments were protected. Listen along to find out what happened!

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In this case, the Employment Appeal Tribunal was asked to decide whether an employer was liable for the sexual harassment of one employee by another when the harassment had taken place in the car of the offending party on the way to the other employee’s home, but where the other employee had mistakenly believed they should be working when in fact she was not and accordingly, the employer had neither sanctioned nor arranged the lift. Listen along to find out what happened!

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The Court was asked to determine whether the 3-year limitation period to bring a personal injury claim in the county court or High Court could be disapplied in circumstances where an employee had suffered HAVS as a result of long-term exposure to vibrating equipment but had waited until his employment with the company had ended before bringing his claim, despite having known about the connection between his job and his condition for considerably longer. Listen along to find out what happened!

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The employer in this case provided transport for its time workers from their homes to various job sites but did not pay the workers the National Minimum Wage for their time spent travelling.  HMRC asserted that this was a breach of the National Minimum Wage regulations and fined the employer who then appealed against HMRC’s findings to the Court of Appeal, which was tasked with determining whether the National Minimum Wage was payable or not in these circumstances. Listen along to find out what happened!

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While disclosure in the employment tribunal is not automatic, it is common for an order for disclosure of documents to be made during the course of proceedings.  In a recent case, the Employment Appeal Tribunal was asked to consider whether an employee’s request for disclosure of information should be granted. Listen along to find out what happened!

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The EAT was asked to consider whether a tribunal had wrongly focused on what a claimant with ASD and ADHD could do, rather than had difficulties in doing, and also the bearing of his clinical neurodiversity diagnosis, when determining whether the claimant was disabled. Listen along to find out what happened!

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The employee in this case commenced early conciliation before her employment ended and, when her unfair dismissal claim was found to have been issued out of time, argued that the time limit should be extended by the early conciliation that occurred pre- as well as post-termination. Listen along to find out what happened!

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An ambulance driver didn’t want to return to work during the pandemic due to anxiety about catching Covid-19 and his request for a higher than national guidance-grade facemask was rejected as being unlikely to ease these concerns.  The driver was eventually dismissed and brought claims including for failure to make reasonable adjustments in relation to the facemask. Listen along to find out what happened!

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The EAT in this case was asked to determine what consideration a tribunal may give to a party’s ability to pay when deciding on a costs award, especially when the party’s integrity was called into question. Listen along to find out what happened!

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