In a landmark decision, the Employment Appeal Tribunal has ruled that the absence of interim relief protection for discriminatory dismissals amounts to a violation of Article 14 ECHR. In the recent case of Steer v Stormsure Limited, the Claimant argued that the lack of interim relief protections for discriminatory dismissals was a contravention of the Equality Act 2010 and a breach ECHR rights.
Whilst the judgment appears favourable to the Claimant, the EAT dismissed the appeal and concluded that it could not deliver the remedy of interim relief by using a purposive construction of the Equality Act 2010 or by applying the legal doctrine of horizontal direct effect “because that would cross the line between interpretation and quasi-legislation, and because to do so would require the EAT to take decisions for which it is not equipped”. Leave to appeal has been granted to appeal to the Court of Appeal, so that the Court of Appeal can consider whether to grant a declaration of incompatibility for the breach of Article 14.
Such a decision would lead to a fundamental shift in how discrimination claims are pursued and the Court of Appeal’s judgment is certainly one to look out for at the beginning of 2021.
At Waterfront, our specialist employment & HR lawyers advise on settlement agreements every week but for our employee clients, signing such an agreement can be a once-in-a-lifetime event. If you have been offered a settlement agreement or you are finding the process confusing or daunting, we are here to help. What…
In times of economic turmoil, redundancies are seldom far away. Against the backdrop of the cost-of-living crisis, unease in the financial markets resulting from political uncertainty and the continuing legacy of the Covid-19 pandemic, many companies are making cutbacks and having to find efficiencies in order to survive. Indeed, the last few weeks have seen news headlines about mass-layoffs at Twitter, the Independent and Royal Mail.
As of 26 October 2023, The Worker Protection (Amendment of Equality Act 2010) Act 2023 has completed its journey through both Houses of Parliament and has now received Royal Assent. This piece of legislation…
The Workers (Predictable Terms and Conditions) Act 2023, creates a statutory right for qualifying workers to request a more predictable pattern of work. This right works similarly in a few ways to the right to request a more flexible working pattern.