This month we cover five cases ranging from fixed term contracts to redundancy, whistleblowing and tribunal process. We also consider the recent consultation launched by the Equality and Human Rights Commission on amendments to guidance on preventing workplace sexual harassment. NHS Employers have also issued important new guidance on the use of settlement agreements which should be adhered to by NHS employers when entering into new settlement agreements. We look at the key points.
We are all getting to grips with what the new government will mean for the future. In case you missed it, our earlier alert can be accessed here sets out Labour's employment manifesto promises. Labour has pledged to introduce legislation within its first 100 days in power, but also to consult fully before legislation is passed. We look forward to the King's Speech on 17 July, so we can see which of these legislative changes will be priorities in the first year.
1. Fixed term contract: Employment Appeal Tribunal agrees renewal of fixed-term contract beyond four years was justified.
2. Redundancy: Tribunal should have addressed whether the statutory definition of redundancy applied in a maternity leave dismissal case. In this case the Employment Appeal Tribunal held that an employment tribunal erred in rejecting claims of pregnancy discrimination and automatic unfair dismissal by a woman dismissed during her maternity leave, purportedly by reason of redundancy.
3. Settling future claims: Future discrimination claims precluded by settlement agreement where disabled employee's employment continued. In this case the Employment Appeal Tribunal confirmed that a settlement agreement can settle claims which arise after the agreement has been signed, even when the employee remains in employment.
4. Tribunal process: Employment Appeal Tribunal upholds case management order to disclose unredacted financial documents in redundancy unfair dismissal and discrimination claim. In this case, the Employment Appeal Tribunal has upheld an employment tribunal case management decision to require specific disclosure of the employer’s internal documentation containing financial information.
5. Whistleblowing and victimisation: employer liable for victimisation and whistleblowing detriment inflicted on an employee years after the protected acts or disclosures were made. In this case the Employment Appeal Tribunal confirmed that an employer can be liable for victimisation and whistleblowing detriment inflicted on an employee years after the protected acts or disclosures were made.
6. New guidance on the use of settlement agreements: This guidance is to be adhered to by NHS employers when entering into new settlement agreements. NHS Employers have issued updated guidance on the use of settlement agreements and particularly confidentiality clauses within those agreements.
7. Sexual harassment: Equality and Human Rights Commission launches consultation on amendments to guidance on preventing workplace sexual harassment.
