Important case on time limits

The EAT has recently confirmed that time limits for bringing discrimination claims for detrimental treatment run from the date on which the decision to make the detriment was taken as opposed to when the employee learns of it. The case… Read on

Was compulsory retirement at 70 legal?

Yes, said the employment tribunal in White v Ministry of Justice. Background Mr White was a retired circuit judge. He claimed that the Ministry of Justice’s statutory requirement to retire at age 70 was age discrimination. He argued that, at… Read on

Aerosols, perfume and reasonable adjustments

Is it possible to have a situation when no reasonable adjustments can be made for a disabled person? Yes, but only rarely, held the Appeal Tribunal in the recent case of Dyer v. London Ambulance NHS Trust. Background Mrs Dyer,… Read on

Reasonable adjustments and sickness absence

Can employers take disability related sickness into account when dismissing for poor attendance? In the case of General Dynamics Information Technology v Carranza, the EAT considered this issue, and the question of whether it would be a reasonable adjustment not… Read on

£65,500 penalty under TUPE

A tribunal has ordered a vet service to pay penalty compensation of £500 for each of its 131 employees on losing its contract with the Food Standards Agency. In the case of Eville & Jones v. Grants Veterinary Services,… Read on

Judgment on tribunal fees imminent

In July 2013, the Government introduced fees for claimants in the employment tribunals. Fees start from around £160 to issue a claim, with a further fee for a hearing starting at £230. The fee rises depending on the type of… Read on

Claim rejected for not following early conciliation rules

The case of Thomas v Nationwide Building Society is the first reported case of a claim being rejected by a Tribunal because of an employee’s failure to follow the early conciliation procedures. Background New early conciliation procedures were introduced on… Read on

Emergency time off and contacting your employer

In the case of Ellis v Ratcliff Palfinger Ltd, the Employment Appeal Tribunal decided that it was fair to dismiss an employee who had taken emergency time off but who had not properly notified his employer as soon as he… Read on

Snow: lift to work in a 4×4 compulsory?

Weather conditions are notoriously extreme on the roads approaching HMP Dartmoor. The prison has a detailed adverse weather policy, which requires employees to gather up at a pick-up point, at a local supermarket, when conditions are poor. In January 2013,… Read on

Was criminal conviction dismissal discrimination?

Was a disabled employee with Asperger’s syndrome discriminated against by being dismissed following a criminal conviction? No, said the Employment Appeal Tribunal in Hensman v Ministry of Defence. Background Mr Hensman suffered from Asperger’s syndrome. He was dismissed as a… Read on