3PB barristers Simon Tibbitts and Sarah Clarke analyse the latest employment law cases

10th November 2017

3PB Employment barristers Sarah ClarkeSarah ClarkeCall: 2005 and Simon TibbittsSimon TibbittsCall: 2006 analyse the latest employment law cases, covering:

  1. Guidance of whose motivation will be taken into account in determining the “Employer’s” reason for dismissal: Royal Mail Limited v Kamaljeet Jhuti [2017] EWCA Civ 1632
  2. EAT find that relying on previous instances of misconduct, for which no sanction had been applied, does not render a dismissal unfair: NHS 24 v Pillar UKEATS/0005/16/JW
  3. Subjecting men and women to the same detriment can be ‘less favourable treatment’: HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah school [2017] EWCA Civ 1426
  4. The Advocate General has ruled that employees may qualify for protection from pregnancy discrimination before informing employer about their pregnancy: Guisado v Bankia SA (Case C-102/16)

Please click here to read their case law update.