Hot Issues in Discrimination, Whistleblowing, and TUPE Updates
Explore recent cases and updates relating to discrimination, whistleblowing, and TUPE, covering topics such as protection for job applicants, separability of reasons for action from characteristics, transfers of liability under TUPE, extensions of time for discrimination complaints, settlement agreements, and relevant legislation and guidance including Brexit-related amendments and the Duty to prevent sex harassment.
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Hot issues in discrimination, whistleblowing and TUPE Fergus McCombie 28 February 2024
Are job applicants protected? Sullivan v. Isle of Wight Council [2024] EAT 3 - whistleblowing and victimisation
Separability of reason for act from protected characteristic Higgs v. Farmor s School (Archbishop s Council Intervening) [2023] EAT 89 distinguish causation on basis of the fact belief is manifested (protected) from a justified objection to the manner of such manifestation (not protected) Ellis v. Bacon [2022] EAT 188 - identify the right comparator Kong v. Gulf International Bank (UK) Limited [2022] EWCA Civ 941 - in whistleblowing, separate the context for act from the reason for it -
Transfers of liability under TUPE Sean Pong Tyres Ltd v. Moore [2024] EAT 1 - liability transfers with the victim Ponticelli Ltd v. Gallagher [2023] CSIH 32 - transfer of valuable benefits
Extensions of time for discrimination complaints Holbrook v. Cosgrove QC & others [2023] EAT 168 - focus on reason and excuse for delay Jones v. Secretary of State for Social Care [2024] EAT 2 - sufficient information to commence the litigation?
Settlement agreements Ajaz v. Homerton University Hospital [2023] EAT 142 - what has been settled? Bathgate v Technip UK Ltd and others [2023] CSIH 48 - future unknown claims? SPI Spirits Ltd v. Zabelin [2023] EAT 147 - attempts to restrict compensation in employment contract
Legislation and guidance Brexit-related amendments to EQA 2010 Duty to prevent sex harassment Flexible working requests Equality and Human Rights Commission menopause guidance Labour Party policy on equal pay and dual discrimination
