Employment News: Disability, Unfair Dismissal, Trade Unions

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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 disregarded in a reasonable adjustments claim.



Truth be told – credibility findings required appeal but not investigation

The EAT concluded that an employer could rely on adverse findings about the claimant's credibility in an earlier tribunal claim without holding a disciplinary investigation in Radia v Jefferies International Ltd. However, the tribunal was wrong to find that an appeal hearing would have been futile.
Unrecognisable – no right to collective bargaining with outsourcing client
The International Workers' Union of Great Britain applied for judicial review of the statutory trade union recognition regime, arguing that it should be allowed to apply for collective bargaining with the client in an outsourcing situation, even though the client was not the employer of the relevant workers. The claim failed.

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