Our partner Hina Belitz has been published in The Times discussing the legal implications of the recent Miller case, in which a university professor who was dismissed following a sustained campaign against him on the basis of his anti-Zionist views successfully claimed for discrimination and unfair dismissal, confirming that beliefs relating to Israel-Palestine can be protected under the Equality Act 2010.  We have reproduced the article below - alternatively you can read it at The Times.  When does a political opinion become a protected belief? With horrific and distressing images e ..read more

Our partner Hina Belitz has been published in Law360 discussing what the recent Miller judgment, which held that views relating to Israel-Palestine can be protected under the Equality Act 2010, means for employers and employees. We have reproduced the article below; alternatively, you can read it at Law360.    Job loss arising from views expressed on Israel and Palestine - critical takeaways from Miller v University of Bristol Discrimination on the grounds of religious or philosophical belief is a highly dynamic area, as the courts determine whether an increasingly diverse range of p ..read more

When bringing a claim in the Employment Tribunal, one option available to parties is to pursue judicial mediation, which attempts to secure a mutually agreed resolution instead of proceeding to a final hearing. But what is judicial mediation and how does the process work?   What is mediation and what are its benefits? Mediation is a form of alternative dispute resolution in which a neutral third party (the mediator) helps the parties to negotiate a settlement. The parties still have responsibility to reach a solution, with the mediator simply facilitating the process. Should an agree ..read more

The Equality and Human Rights Commission has issued new guidance for employers about menopause in the workplace. The key take-away from the guidance is that menopause symptoms can be considered a disability if they meet the legal threshold, i.e. if they have a long-term and substantial impact on a woman’s ability to carry out normal day-to-day activities. This means employers may come under a duty to make reasonable adjustments for employees experiencing menopause symptoms. They will also have a legal obligation not to discriminate against such employees. Women experiencing menopause symptoms ..read more

  A huge thank you! I am honoured to be listed again by the Legal 500 as a Leading Individual and wish to extend a big ‘thank you’ to our clients. Your feedback is amazing. I am proud of the results my team and I achieve for employers and senior executives. We are armed and ready for another year of fighting to achieve amazing results for you…   Legal 500 client comments include:   ‘Hina Belitz is precise, knowledgeable and able to adapt to different situations and individuals. She manages to explain complex procedures in away that makes them ..read more

The recent case of Miller v University of Bristol has confirmed that beliefs relating to Israel-Palestine, and in particular anti-Zionist beliefs, are capable of being protected under discrimination law. The case The claimant joined the university in 2018 as a Professor of Political Sociology, focusing on concentrations of power and how they can be democratised, with interests including Islamophobia and the Zionist movement. His views were well-known when he was hired. In February 2019, the claimant delivered a lecture in which he was critical of Zionism. Following this, various groups argued ..read more

An employee whose flexible working request was refused by her employer has been unsuccessful in her Employment Tribunal claim against the decision, in which she alleged it was based on incorrect facts under s80H(1) of the Employment Rights Act 1996. The case of Wilson v Financial Conduct Authority illustrates that flexible working is ultimately a discretionary matter for employers, but that decisions should nevertheless take into account the circumstances of the employee’s circumstances if they are to be justifiable. Following the easing of lockdown restrictions, the FCA reviewed their remote ..read more

MPs have passed legislation removing a minimum wage exemption which many have criticised as exploitative. Contained within the National Minimum Wage Regulations 2015, this exemption applies to workers who live in the family home of their employer and who are treated as a member of the family in the context of accommodation, meals, tasks and leisure activities. It has been removed by the National Minimum Wage (Amendment) (No.2) Regulations 2023, meaning that such individuals are entitled to the minimum wage from 1 April 2024 when the new minimum wage will also come into force. The ‘family and d ..read more

The EAT has found that an employee who was dismissed for failing to follow reasonable management instructions was unfairly dismissed. This case illustrates the importance of adequately communicating changes in workplace policy and following a fair disciplinary procedure in cases of misconduct. The claimant in Butler v Synergy Health UK Limited had worked for his employer, who sterilises and decontaminates medical equipment, for almost a decade. For 8 years, he had changed out of his PPE just before the end of his shifts. During a year-long absence, his employer changed policy so that staff wer ..read more

Non-compete clauses, otherwise known as post-termination restrictions, are a common part of the majority of UK employment contracts, particularly in the corporate sector. They are aimed at providing businesses with certainty that an employee will not, upon leaving, be able to use key insider information gained while working within the business to disadvantage it elsewhere. In essence, non-compete clauses, which are almost unique in the fact that– alongside confidentiality obligations– they survive termination of employment, mean that an employee cannot work for a competitor of their previous e ..read more