Whistleblowing

November 2017

An employee is entitled not to be dismissed for whistleblowing – or making a ‘protected disclosure’ to use the language of the legislation. But how can you tell what the reason for dismissal is if it is the result of the actions of more than one manager – only one of whom may have had the disclosure in mind?

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Voluntary redundancy

November 2017

Employers will often consider offering an incentive to employees to volunteer for redundancy in order to reduce the need for compulsory redundancies. Doing so carries the risk, however, that the wrong people might volunteer.

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Trade Union Discrimination

November 2017

It is unlawful to dismiss an employee for being a member of a trade union. Less well known is that it is also unlawful to refuse to employ someone on the grounds of their union membership.

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Race discrimination - burden of proof

November 2017

There are few issues more complicated than the burden of proof in discrimination cases. The Equality Act specifies that where there are facts from which – in the absence of an explanation from the employer - discrimination could be inferred, then the burden is placed on the employer to prove that there has been no discrimination.  

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Burden of proof

November 2017

The issue of the burden of proof was also to the fore in Kumar v DHL Services Ltd. Mr Kumar applied for a managerial post with the employer but was unsuccessful.

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