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Ed McFarlane
 

Whistleblowing

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A recent decision from the Employment Appeal Tribunal 'EAT' on whistleblowing by a Sales Manager of a medical equipment provider gives a welcome perspective on the need for whistleblowers to provide specific information on the matters that they are...

PHI Claims After Dismissal: A Landmark Ruling

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Permanent Health Insurance 'PHI' claims feature in a recent judgment from Scotland's Court of Session Inner House, (equivalent to the Court of Appeal), it has now been established that an employee who has been dismissed can bring a claim for...

Was it ok to reject a job candidate whose strongly-held beliefs might upset a provider's service users

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It depends why, says the Employment Appeal Tribunal , in yet another case where social media posts have led to a clash between freedom of expression and an employer's wish not to risk offending clients: in Ngole v Touchstone Leeds the Claimant, who...

Dismissal unfair when employer failed to properly consider various allegations of fraud

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In Chand v EE Limited the employee had a clean 16-year record. After 4 separate incidents during customer interactions over several months in 2022, the employer dismissed her over policy breaches and allegations of fraud. The Employment Tribunal found...

New right of Trade Union access to workplaces

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From October 2026, Trades Union will have the right of access to workplaces, even if the employer does not currently recognise a Trade Union. The right of access allows unions to meet, support, represent, or organise workers (not just union members) and to...

Employment Tribunal award limits increased

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As the new tax year has started, most Employment Tribunal award limits increased on 6 th April 2026 in line with inflation: 1. Raised bands for injury to feelings awards: These new bands apply to new discrimination or detriment claims presented to a...

The fuel crisis and short-time working/lay-offs

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As fuel prices have risen and fuel supply shortages continue to affect the country, employers may wish to consider the legal situation if employees can't get to work, or if employers can't provide work, e.g. due to supply issues, or lack of key...

Messi gets a red card - barred from bringing Employment Tribunal claims

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The Employment Appeal Tribunal 'EAT' has issued an Order preventing a claimant, Ms Sandra Messi, from bringing any claims in Employment Tribunals without prior permission from the EAT for an indefinite period. Since 2017, Ms Messi had brought over 50...

Zero-Hour workers reach a record high

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'Zero-Hour workers reach a record high ahead of crackdown' the BBC tells us. The number of zero-hour workers in December 2025 was 1.23 million, which might be partly due to seasonal work in retail and hospitality. The 'crackdown' that the...

Settled Law

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A recent decision from the Employment Appeal Tribunal has shown the perils of settling claims with too wide terms, which left a Claimant unable to pursue a claim against a school which had allegedly not employed her because she had been a whistleblower. The...

The Employment Rights Act 2025 - big changes coming

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The Act is now law after a lot of to-ing and fro-ing, it will introduce many changes in employment, but the full details are yet to be clear as there are a range of consultations on lots of regulations that the government will be making in 2026 and 2027 to...

Whistleblowing dismissal liability for dismissing managers to be clarified by the Supreme Court in Wicked Vision

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Whistleblowers (makers of public interest disclosures) are specially protected in law against suffering 'detriments' and dismissal. Company managers or directors who unfairly dismiss whistleblowers employed by their company can be made personally...

A manager said 'he is done at the business', but the dismissal was fair

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In Lamb v Teva UK Ltd , the Employment Appeal Tribunal 'EAT' has refused to overturn an Employment Tribunal's finding that a dismissal for misconduct was fair despite four complaints from the employee that: The...

Transitioning male employee using women's work changing rooms was harassment, says Employment Tribunal

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As has been widely reported, the County Durham and Darlington NHS Foundation Trust has lost a claim for harassment and indirect sex discrimination brought by seven female nurses -known as the Darlington Nurses - who complained that a male-to-female...

When 'Gross Misconduct' isn't 'Gross'

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A recent judgment from the Employment Appeal Tribunal has shown how employers can go wrong when dismissing for gross misconduct. In Kisheva v Secure Frontline Services Ltd , a security officer with over 12 years service left her shift after an argument...

Not necessarily unfair dismissal when there are some mishaps

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In Lamb v Teva UK Ltd , the Employment Appeal Tribunal 'EAT' has refused to overturn an Employment Tribunal's finding that a dismissal for misconduct was fair despite four complaints from the employee that: The...