Handa v The Station Hotel – Employment Appeal Tribunal gives guidance on the role of HR consultants in disciplinary and grievance processes
An employer used two external HR consultants to investigate a grievance and conduct a disciplinary hearing. The disciplinary hearing led to the employee’s dismissal. The employee alleged whistleblowing detriment. The Employment Appeal Tribunal held that, although it was arguable the HR consultants were acting as agents of the employer in performing those roles, the employer’s reliance on their work in deciding to dismiss did not make the consultants jointly liable. The HR consultants had not made the decision to dismiss themselves.
Government Promises Tougher Rules on Immigration
Earlier this month, the Government introduced a White Paper proposing significant changes to immigration rules, including tougher entry requirements for Skilled Worker visas, longer residency periods before eligibility for indefinite leave to remain, and stricter English language tests. You can read more about the changes here.
Kokomane v Boots Manufacturing Services – Employment Appeal Tribunal gives guidance on victimisation claims
Allegations of breaches of the Equality Act are “protected acts”. Any detriment because of a protected act is victimisation. In this case, the Employment Appeal Tribunal made it explicit that the employee does not need to say explicitly that they think they have been discriminated against. An allegation of bullying and “different treatment” with no reference to race discrimination was sufficient to be a protected act when combined with the context that the employee was the only black employee.
Government is not planning to follow recommendations to enhance protections against age discrimination
The Women and Equalities Committee had recommended that the Government look into limiting the ability of employers to justify direct age discrimination (the only form of direct discrimination capable of justification) and introducing a reasonable steps duty to prevent age discrimination. The Government’s response did not include implementation of those changes.
Upcoming HR Cabinet
We host our HR Cabinet via Microsoft Teams at 8.30am on the last Thursday of every month. The aim of the HR Cabinet is to give you the opportunity to talk about HR matters with your peers.
If you would like to attend the HR Cabinet and haven’t signed up already, visit here to learn more.
If you’d like to discuss the impact of these employment law updates on your business, please contact B P Collins’ employment lawyers at enquiries@bpcollins.co.uk or call 01753 889995.
