UK Law and Practice Contributed by: Phil Linnard, Philippa O’Malley, David Rintoul and Clare Fletcher, Slaughter and May
disclosure must also be made in a prescribed manner, which may include to the employer or other responsi - ble person, a regulator, a legal adviser or a third party, such as the media (although additional conditions must then be satisfied). Compensation in the event of a successful whistle-blowing claim is uncapped. Whistle-blowing protections will be strengthened by the ERB, with sexual harassment becoming a spe - cific category afforded protection and with employers being obliged to take all reasonable steps to prevent sexual harassment, including third-party harassment. Business Transfers English law provides additional protections for employees affected by a business transfer or a ser - vice provision change. The legislation – known as the Transfer of Undertakings (Protection of Employ - ment (TUPE) Regulations – automatically transfers the employment of all those assigned to the business being sold, or the function being in/outsourced, to the purchaser or new service provider. The terms and conditions of employment of those who transfer are protected, and there are restrictions on dismissals or changes to terms and conditions that are made by reason of the transfer. There are also obligations on both parties to the transfer to inform and, in appropri - ate circumstances, consult with elected representa - tives of affected employees. Failure to comply with these obligations may result in a protective award of up to 13 weeks’ uncapped pay per affected employee. A wrongful dismissal occurs when there is a breach of contract in relation to a termination of employment. The most common grounds for a claim are as follows. • Inadequate notice – typically where the employee is dismissed summarily on the basis of conduct alleged to be a repudiatory breach of contract, but which is subsequently found not to amount to such a breach. • Early termination of a fixed-term contract where there is no notice or other provision entitling the employer to terminate the contract early. 8. Disputes 8.1 Wrongful Dismissal
• Breach of contractual procedures – although rare outside the public sector, there may be a contrac - tual disciplinary procedure. If this is not followed, the dismissal would be wrongful. If a claim is successful, the employee may be enti - tled to compensation. This is calculated using the net value of the salary and by considering any other con - tractual benefits to which the employee would have been entitled to. Damages in an Employment Tribunal are currently capped at a maximum of GBP25,000. There is no cap in a civil court. The employee may also seek a declaration and/or an injunction, although these cannot be awarded in an Employment Tribu - nal and can only be sought in civil courts. They will be granted in the unlikely event that damages are an inadequate remedy. 8.2 Anti-Discrimination Under the UK Equality Act 2010, it is unlawful to dis - criminate against employees in relation to the follow - ing protected characteristics: • age; • disability; • gender reassignment; • marriage and civil partnership; • pregnancy and maternity; • race; • religion or belief; • sex; or • sexual orientation. Discrimination can take a number of different forms. • Direct discrimination – where an employee is treated less favourably because of a protected characteristic. • Indirect discrimination – where an employer adopts a provision, criterion or practice (PCP) that is apparently neutral, but which puts employees with a protected characteristic at a disadvantage. The employer can objectively justify indirect discrimina - tion if it is shown to be a proportionate means of achieving a legitimate aim. • Harassment – where an employee suffers unwant - ed conduct related to a protected characteristic that has the purpose or effect of violating their dig -
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