Employment News: PCPs, NDAs, unfair dismissal

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Turning a blind eye – one-off act not a PCP

In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a proper investigation of his grievances was completed. His claim that the employer had not made reasonable adjustments therefore failed.

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New ACAS guidance on using non-disclosure agreements

ACAS has published guidance aimed at helping employers, managers, HR professionals, workers, union representatives and job applicants to understand the ethical use of confidentiality clauses or agreements (referred to in the guidance as non-disclosure agreements) – and when they should not be used.

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Who knew? Investigating officer's failure made dismissal unfair

A dismissal for gross misconduct was unfair, according to the EAT in Uddin v London Borough of Ealing, because the investigating officer had not told the disciplinary manager that the victim of an alleged assault had later withdrawn her police complaint.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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