Brexism – be aware

Since the Brexit vote to leave the EU, a political divide has arisen between two very deeply held beliefs amongst the British public. Much of the divide has become extremely emotional. Matters are likely to be compounded because on one… Read on

Dismissed for anger at disability disadvantage: discrimination?

Dismissed for anger at disability disadvantage: discrimination? Mr Risby, a paraplegic wheelchair user who was dismissed after losing his temper because he could not access a training venue, has won a claim for disability discrimination. We report on an important… Read on

Re-engagement order disallowed

We report on a case where an order for re-engagement has been considered by the EAT. Background The Claimant in this case, Miss Lupton was employed by Lincolnshire County Council. She resigned when the council sought to change her working… Read on

Are you carrying out a reasonable investigation?

The employment tribunal has provided a reminder about the importance of an employer not simply relying upon a breach of the black letter of its policies to dismiss an employee. Background In this case, Citibank dismissed employee Mr Stimpson for… Read on

Tax treatment of settlement payments

In this case, the Tax Tribunal found that a payment made in a settlement agreement where discrimination was alleged in relation to a redundancy exercise was taxable, subject to the £30,000 exemption. This even though injury to feelings compensation for… Read on

Time limits and early conciliation

Where ACAS Early Conciliation begins before the time limit starts running on a claim, how should time be calculated? Background In this case, which was recently decided by the Employment Tribunal, the Claimant Miss Myers started early conciliation before she… Read on

Duty to adjust sickness policy?

The Court of Appeal has recently considered whether sickness absence policies that apply equally to disabled and non-disabled employees can be capable of putting disabled employees at a disadvantage. If not, then no reasonable adjustments would be required. Background This… Read on

Disability : tough case on redundancy adjustments

We report on a tough case about reasonable adjustments for a disabled employee in a redundancy situation. Here, the Tribunal doubted whether selecting the best candidate for the alternative role was a legitimate aim where there is a disabled candidate.… Read on

When a resignation can give rise to a redundancy

The ECJ has concluded that incidents involving the resignation of an employee due to independent and sizeable alterations in their contract and working conditions do fall under the European legal definition of ‘redundancy’. We explain more about how this decision… Read on