header-logo header-logo

15 November 2024 / Ian Smith
Issue: 8094 / Categories: Features , Employment , Human rights , Discrimination , Harassment
printer mail-detail

Employment law brief: 15 November 2024

196802
Ian Smith combs through four cases addressing important issues of interpretation…including the reach of sexual harassment law
  • Whistleblowing detriment: a question of timing
  • Redundancy consultation: how collective and individual fit together.
  • Maternity leave & redundancy protection—the meaning of suitable alternative vacancy.
  • Harassment related to the prohibited ground.

The four cases considered here all address important issues of interpretation, relating to when a protected disclosure can be made, how collective and individual consultations fit together in unfair redundancy cases (especially in non-union establishments), the meaning of ‘suitable available vacancy’ in the laws protecting those on maternity leave, and the reach of sexual harassment law. The last is of particular note on its facts because it concerned one man insulting another in a way that related to the protected characteristic of sex. It shows that, as so often, the matter is resolved by logical statutory interpretation, however counter-intuitive the result may seem at first.

Whistleblowing detriment

Most of this appeal in MacLennan v The British Psychological Society [2024]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll