Last minute decider – incapacity dismissal without considering new evidence was disability discrimination
The Court of Appeal in O'Brien v Bolton St Catherine's Academy has reinstated a Tribunal decision that the dismissal of a senior employee who has been on long term sickness absence was discrimination arising from a disability. The employer should have considered new evidence, produced on the day of the internal appeal hearing, of the claimant's fitness to return to work.
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Uniform policy – headscarf ban in line with dress code was not direct discrimination
The Court of Justice of the EU has given its decisions in two cases about the wearing of Islamic headscarves and whether a ban on religious symbols in the workplace is direct or indirect discrimination.
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Testing the waters – call for evidence on electronic balloting
The independent Review chaired by Sir Ken Knight on the possible introduction of electronic balloting for industrial action has asked for evidence about the practicalities of e-voting.
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