DAC Beachcroft's Employment Matters focuses on some of the most interesting cases and events occurring within the Employment Law sector.Case law developments this month include:
1. Discrimination: The Supreme Court has confirmed that claimants bear the initial burden of proof to establish a prima facie case in discrimination claims.
2. Unfair dismissal: The Court of Session has found that a teacher who had been charged by the police with possession of indecent images of children but not prosecuted was fairly dismissed for “some other substantial reason”.
3. Tribunal awards: The EAT has upheld a tribunal’s decision to calculate compensation for direct sexual orientation discrimination and harassment on the basis of career long loss.
4. Harassment: The EAT has held that a constructive dismissal can constitute an act of discriminatory harassment. This is a departure from previous case law.
