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New Ruling on Harassment at Work

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(I'm indebted to Daniel Barnett for circulating news of this important decision)

The Court of Appeal has decided on Veakins v Kier Islington Ltd, a case dealing with the extent of duty of employer under Protection from Harassment Act 1996

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"Disclosures" v "Allegations"

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What is a "disclosure" of information in a protected disclosure? The Employment Appeal Tribunal issued a decision on 11 November 2009 in Cavendish Munro v Geduld (click here for downloadable copy of the judgment ) which provides that for a person to make a protected disclosure they must disclose information about a situation by conveying facts. It is not sufficient to merely make an allegation.

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Increase in Vento damages

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HHJ McMullen QC, giving judgment in Da'Bell v NSPCC held that Vento damages (for injury to feelings in discrimination cases) should be increased to reflect inflation as follows:-

•    lower band: £ 5,000 to increase to £ 6,000
•    middle band: £ 15,000 to increase to £ 18,000
•    upper band: £ 25,000 to increase to £ 30,000

Source: Daniel Barnett

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New Constructive Dismissal Judgment

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The EAT has given judgment that helpfully clarifies the relationship between a successful claim for constructive dismissal and the way the (constructively dismissed) employee felt about the way he or she was treated prior to the dismissal.

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