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25 January 2022
The employer may wish to withdraw an offer of employment for a number of reasons, for example, because: Its business requirements have changed. It has unexpectedly received information about the applicant which casts doubt on the desirability of employing them. One of the matters on which the offer was expressed to be conditional, such as receipt of satisfactory references, has not been fulfilled. However, if it withdraws an offer, the employer should be prepared for the disappointed applicant to allege that the employer's reason for doing so was unlawful (for example, that it was an act of discrimination…

24 January 2022
  To illustrate the dilemma, Belitz cites a client who “was left in no doubt her days were numbered” after she became the only senior female to have a child while working at a notoriously “macho” city firm.   To read this Financial Times piece online, please click here

19 January 2022
Assuming the business is a service provider for the purposes of the EqA 2010, it must not discriminate against a service user on the grounds of any of the protected characteristics covered under Part 3. Gender reassignment is one of the protected characteristics.The first point to note is that, as The Government Equalities Office (GEO) Guide makes clear, a person can change gender without any medical intervention and medical processes are not essential to transitioning. It points out that some people choose not to, or cannot, undergo a medical process but are still trans. Therefore, whether the trans woman in…

12 January 2022
An employment contract need not be in writing, and may be express or implied; so there is no strict requirement for a contract to be signed. However, it is clearly in the employer's interests to obtain a signed agreement, otherwise it may be difficult to establish what the terms are and there may be disputes. It may be inferred that an employee has accepted the terms offered by the employer by their conduct (in effect by turning up for work), even if the contract has not been signed and returned by the employee.However, a court or tribunal may not always be prepared to infer consent to…

05 January 2022
There is no set period for which an employer cannot recruit after redundancies have been made.  However, depending on the facts, recruiting for the same role as that of the ex-employee could compromise the fairness of the dismissal. Genuine redundancy The dismissal could be unfair if the role is actually the same role as the ex-employee performed.  I.e. there was not a genuine redundancy situation at the time of the dismissal.  If that were the case, the ex-employee could argue the dismissal was unfair because the employer could not rely on redundancy as the reason for dismissal. Recruitment freeze as an…

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