Partners Employment Lawyers Guide to Judicial Mediation

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 agreement not be reached, the mediator does…

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New guidance confirms menopause symptoms can be a disability

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 are also protected against discrimination, harassment and victimisation on…

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What does the recent ET case on anti-Zionist beliefs mean for employers and employees?

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 that he was anti-Semitic and should be dismissed from…

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Legal 500 2024 awards Hina Belitz, Partner and Joint Head of Employment Law at Excello Law, the accolade of Leading Individual again

  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…

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How should employers handle flexible working requests?

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 work policies so that 40% office attendance was the minimum…

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