Dismissing an employee for long term sickness absence could be discrimination arising from a disability if an employer cannot show that the dismissal is objectively justified. The recent UK EAT decision in Department for Work...more
When the UK government announced its national disability strategy in July, it promised to consult on whether to make disability reporting mandatory for employers with 250 or more employees. The consultation paper has now been...more
In Aleem v E-Act Academy Trust the UK EAT decided that it was not a reasonable adjustment to continue to pay an employee at her previous higher rate when she moved to a different lower-paid job because of a disability....more
The UK government has published its national disability strategy, which is designed to help reduce the disability employment gap and ensure that disability is not a barrier to someone’s ability to reach their full potential....more
Way ahead – Roadmap for employment tribunals published:
The Presidents of the Employment Tribunals have published a roadmap outlining a plan for increasing the number of employment tribunal hearings that can take place...more
What's in a name? Return to work was a return to employee's old role -
In ICTS (UK) Ltd v Visram the Court of Appeal confirmed that an employee was entitled to receive long term disability benefit until he was able to...more
3/10/2020
/ Age Discrimination ,
Breach of Contract ,
Disability Discrimination ,
Disability Leave ,
Employment Litigation ,
Former Employee ,
International Labor Laws ,
Leave of Absence ,
Legal Advice ,
PHI ,
Restrictive Covenants ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour
If it ain't broke – removing extended absence trigger a failure to make a reasonable adjustment -
Removing an extended sickness absence trigger point from an employee with ME/ chronic fatigue syndrome was a failure to make...more
11/18/2019
/ Breach of Duty ,
Constructive Discharge ,
Disability Discrimination ,
Diversity ,
FTSE ,
Hiring & Firing ,
Internal Investigations ,
International Labor Laws ,
Leave of Absence ,
Reasonable Accommodation ,
UK ,
UK Employment Appeal Tribunal ,
Woman Board Members
Perception is king – rejection for hearing impairment perceived disability discrimination -
In The Chief Constable of Norfolk v Coffey the Court of Appeal confirmed that rejecting a transfer request from someone with a...more
7/1/2019
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
International Labor Laws ,
Labor Regulations ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Whistleblowers
Fatherhood penalty – statutory shared parental pay not discriminatory -
In Ali v Capita Customer Management Ltd and The Chief Constable of Leicestershire Police v Hextall the Court of Appeal confirmed that paying enhanced...more
Space invaders – parking policy relevant to reasonable adjustments claim -
In Linsley v Commissioners for Her Majesty's Revenue and Customs the EAT confirmed that the employer's parking policy should not have been...more
4/15/2019
/ Appeals ,
Collective Bargaining ,
Disability Discrimination ,
Disciplinary Proceedings ,
Employer Liability Issues ,
Employment Policies ,
International Labor Laws ,
Parking Lots ,
Reasonable Accommodation ,
Trade Unions ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal
Get it right – mistaken belief was not disability related -
In iForce Ltd v Wood an employee's mistaken belief that new working practices would worsen her disability did not make her written warning for refusing to follow...more
Yeah but no but – Government response to sexual harassment report -
The government's response to the Women and Equalities Select Committee report on sexual harassment in the workplace was published just before Christmas. ...more
No need to know that reason for unfavourable treatment arises from disability -
Employees can only succeed with a claim of unfavourable treatment arising from a disability if the employer knows that they have a disability....more
5/21/2018
/ Disability Discrimination ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Harassment ,
Independent Contractors ,
Misclassification ,
Parental Leave ,
Sex Discrimination ,
UK ,
UK Employment Appeal Tribunal
Weekly newsletter on employment matters.
In this weeks issue:
- Promises, promises – individual pay offers a breach of TULRCA...
- You and whose army? EHRC outlines approach to enforcing gender pay gap...more
Prove it! Right to work in UK meant reason for dismissal not illegality -
In Baker v Abellio London Ltd, the EAT confirmed that illegality was not the reason for the dismissal of an employee who had the right to work in...more
Don’t look now – European Court decides monitoring employee's email account did breach privacy right -
In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more
9/11/2017
/ Appeals ,
Disability Discrimination ,
Email Policies ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
EU ,
European Court of Human Rights ,
Health Insurance ,
Hiring & Firing ,
Right to Privacy
Keep it for later – European Court's Advocate General issues Opinion that the right to paid leave can be carried over if employer has not offered it -
According to the preliminary Opinion of the European Court in The Sash...more
6/12/2017
/ Adverse Employment Action ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employment Contract ,
Employment Litigation ,
Employment Tribunals ,
Equality Act ,
EU ,
Hiring & Firing ,
Non-Compete Agreements ,
Paid Leave ,
Restrictive Covenants ,
UK ,
Wage and Hour
Wrong answer – applicant should have been allowed an alternative to multiple choice test -
The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...more
5/15/2017
/ Arbitration ,
Bargaining Units ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Job Applicants ,
UK ,
UK Employment Appeal Tribunal ,
Unions ,
Whistleblowers
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...more
3/21/2017
/ Appeals ,
Ballots ,
Disability Discrimination ,
Discrimination ,
Dress Codes ,
Employment Litigation ,
European Court of Justice (ECJ) ,
Fitness for Duty Exams ,
Hiring & Firing ,
Religious Clothing ,
Religious Discrimination ,
UK ,
UK Employment Appeal Tribunal
Missing the jackpot – High Court awards nominal damages for breach of confidentiality -
Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more
3/6/2017
/ Appeals ,
Breach of Contract ,
Confidentiality Agreements ,
Disability Discrimination ,
Disciplinary Proceedings ,
Discrimination ,
Harassment ,
Race Discrimination ,
Surveillance ,
UK ,
UK Employment Appeal Tribunal
Change of plan – redundancy four months after TUPE transfer was for ETO reasons -
The claimant in Davies v Droylsden Academy was a venue lettings manager for a company which provided premises services for schools. She...more
A little knowledge is dangerous – awareness of the consequences of a disability not required for discrimination "arising from" disability -
In City of York Council v Grosset, the EAT decided that the employer did not...more