Whistleblowing: BIS guidance for employers and prescribed persons

Whistleblowing guidance BIS have published some very useful guidance on the law on whistleblowing, and how to put whistleblowing policies in place. As a bonus, they have published further guidance on “prescribed persons”, (who should receive whistleblowing complaints) and how… Read on

Type 2 diabetes a disability?

People are more likely to develop type 2 diabetes if they are overweight or obese. In this case, the EAT had to decide whether the diabetes amounted to a disability. Background Mr Stout was employed by Metroline Travel Ltd… Read on

Email sent 6 years ago gross misconduct?

When Leeds Football Club restructured in July 2013, they wanted to make Mr Williams redundant. However, they didn’t want to pay him the 1 year notice they had promised him. So they instructed forensic experts to find some ‘dirt’ on… Read on

Managing Sickness Absence – A Springhouse Checklist

Dealing with sickness absence is a perennial problem for employers and employees alike, with unfair dismissal and discrimination rearing its head at every turn. Our checklist will put employers and employees on the right track for a successful outcome. Policies… Read on

Changing Staff Handbook Terms

Can an employer unilaterally change the terms of its contractual staff handbook? No, said the High Court in the case of Sparks and another v Department for Transport. Background Generally, a contract may only be amended in accordance with… Read on

Clause allowing changes to contract effective?

Could school change teacher’s contract, which said it was “subject to variation, depending on the requirements of the school timetable”? Background We have recently reported on two cases where employers have tried to change the terms of their employee’s contracts… Read on

ACAS extends rights at disciplinaries and grievances

Background Section 10 of the Employment Relations Act 1999 (ERA) provides a statutory right for workers to be accompanied at a disciplinary (relating to conduct and/or performance) or grievance hearing where they make a reasonable request. The EAT judgment in… Read on

Forced repayment of training costs lawful

Was it lawful for a company to force their employee to repay their training costs even though this effectively took them below the minimum wage? Yes it was, where the contract was clear about this, and the dismissal was the… Read on

Dismissal for offensive tweets unfair

How did the EAT approach the fairness of a dismissal for posting offensive tweets? The EAT has recently found that it was, indeed, fair to dismiss an employee for making offensive tweets in a case which highlights the considerations that… Read on

Gross misconduct and mental illness

In the case of Burdett v Aviva Employment Services Limited, the EAT considered the potentially thorny issue of dismissing an employee who was a paranoid schizophrenic. Background Mr Burdett was diagnosed as suffering from schizophrenia – a disability within the… Read on