The band of reasonable responses test in unfair dismissal claims relating to misconduct have often got employment tribunals into trouble in the past. It can sometimes be easy for tribunals to substitute its own views for the actions of the employer and such substitution is not permissible in law. In Bowater v NW London Hospitals [...]

The Conlibs have now published the Draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011, which phase out the Default Retirement Age (DRA) of 65 from 6 April 2011. The Conlibs have introduced an exception to the age discrimination rules so that employers can stop offering employees insured benefits, such as life assurance and [...]

In X v Mid Sussex Citizens Advice Bureau the Court of Appeal has decided that an unpaid volunteer was not covered by the Disability Discrimination Act 1995. The volunteer was not in ‘employment’, since she had no contract, and nor was the voluntary work an arrangement made by the respondent for determining to whom it [...]

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