Legal news: Employment update

Jackie Thomas rounds up the latest developments affecting employers and their advisers The Autoclenz approach only applied in situations where individuals were being deprived of statutory rights and where the bargaining power between the parties was uneven. EAT gives harsh lesson on following the tribunal rules An unrepresented claimant was not entitled to bring her …
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Human rights: Campus clash – harassment or free speech?

James Murray examines the interaction between the harassment provisions of the Equality Act and the law protecting academic free expression The European Court of Human Rights has recognised that academic free expression comprises the freedom for academics to express themselves openly about the institution or system in which they work without restriction In the past …
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Legal news: Employment update

Antonia Blackwell rounds up recent developments affecting employers and their advisers It is vital to inform the employment tribunal as soon as it becomes clear that oral evidence from abroad may be needed to avoid, as much as possible, any delays in the tribunal process. New presidential guidance on giving oral evidence from abroad The …
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Discrimination: ‘Bald’ insult was sex-related harassment, rules tribunal

Calling an employee ‘bald’ tipped his case from mere bullying to unlawful conduct under the Equality Act, reports Justin Tarka Although there is a requirement in harassment cases for there to be a connection to a protected characteristic, the ‘related to’ requirement is very broad. A recent employment tribunal case involving an unusual allegation of …
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Harassment: Cyberbullying – Covid and beyond

Sean Nesbitt and Alex Stones discuss the growing risk of online harassment of staff members, whether by colleagues, ex-employees seeking revenge or cyber campaigners If employers do not allow voices to be raised and enable digital activism to be channelled internally, the first they hear about such allegations may be when they have already gone …
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