Jo Moseley highlights the tribunals likely to have the most impact on businesses in the year ahead
This year is set to bring significant changes in employment laws because of a new government and several high-profile cases. These cases are poised to reshape HR policies and practices, addressing critical issues such as conflicts of belief and freedom of expression, whistleblowing, third-party liability, single-sex exemptions and employment status.
It’s now well established that employees don't have to keep their protected religious or philosophical beliefs to themselves and have qualified rights to express and hold opinions that others may find distasteful or offensive. But where should employers draw the line and can they restrict what their staff say in their own time via social media? The appeal courts are set to hear a number of cases that will help to determine these issues.
Higgs v Farmor's School – Mrs Higgs was dismissed for gross misconduct after reposting a Facebook post critical of the government's relationship and sex education policy. The Employment Appeal Tribunal (EAT) set down the principles that apply. The Court of Appeal has considered this and its judgment is expected soon.
Miller v University of Bristol – Dr Miller, a professor, was dismissed for expressing views on Zionism. The tribunal found his beliefs were protected and...
Where summary judgment was awarded to a defendant in a qui tam Medicare fraud case, that judgment should be affirmed because the relator has failed to present any evidence through which a reasonabl...