Long-term sickness absence: dismissal was unfair and discrimination for failure to consider part-time working
In Ali v Torrosian and others (t/a Bedford Hill Family Practice) the Employment Appeal Tribunal overturned a tribunal’s decision that there was no discrimination arising for disability. The case shows that while the tests for unfair dismissal and discrimination are… Read on
Suspended from work? Everything you need to know
Acas has recently published new guidance on suspension. We explore the guidance and look at what you need to know should you be suspended from work on disciplinary grounds. When can I be suspended? People are usually suspended from work… Read on
Series of acts damaged trust and confidence and amounted to gross misconduct
An employer is entitled to terminate the employment contract without notice or pay in lieu of notice where there is an act or omission by the employee which amounts to gross misconduct (known as “summary dismissal”) . The crucial question… Read on
Employer liable for discrimination even though it didn’t know conduct was linked to disability
The Court of Appeal recently had to decide whether it had been an act of disability discrimination for an employer to dismiss an employee for misconduct which it did not know at the time, was related to the employee’s disability?… Read on
Work-related stress: what is it and what can I do about it?
Mental Health Awareness Week ( 14 – 20 May 2018) focused on stress. Sometimes it seems like there is a stress epidemic going on as the pressures of modern life cause more and more people, in all walks of life… Read on
Age discrimination fact sheet
We kick off our series of factsheets with age discrimination. We intend to cover topics which individuals may find of particular interest or, which are universally relevant but tricky to navigate. Our aim is to give basic facts about the… Read on
Dismissal for misconduct: Supreme Court rules on fairness
The Supreme Court recently considered whether it was fair to dismiss a head teacher who failed to disclose her relationship with a convicted sex offender. In doing so the highest court in the UK appeared to question familiar case law… Read on
Sexual harassment at work: is it really black and white?
Female stars at this year’s Golden Globes and BAFTA awards wore black and celebrities at the Grammys donned white roses to show support for the movement against sexual harassment in the entertainment industry. But what practical steps can individuals in… Read on
Changes to pension schemes discriminated against younger members
Two recent Employment Appeal Tribunal (EAT) decisions highlight how pension scheme changes can put younger employees at a disadvantage and be discriminatory on the grounds of age. Background When an employer makes changes to employees’ pension benefits it is… Read on
Are trigger points for sickness absence dismissals lawful?
The latest ruling from the European Court of Justice (ECJ) suggests that intermittent sickness absence thresholds, which allow employers to dismiss staff once a trigger point has been breached, are potentially discriminatory against disabled employees. Background Many employers operate sickness… Read on