Long-term disability benefits: employer not entitled to dismiss
The Employment Appeal Tribunal (EAT) has ruled that an employer was not entitled to dismiss an employee who was on long-term sick leave and receiving benefits under a long-term disability scheme. It implied a term into the employee’s contract of… Read on
Is my employer’s performance management procedure fair?
Performance management is important in all organisations. Employers may use performance management systems in different ways and for a variety of reasons. This can be an emotive area where staff feel they are being criticised personally and awkward for managers… Read on
What is the correct legal test for discrimination arising from disability?
Equality legislation protects employees and others against discrimination arising from a disability. This requires employment tribunals to apply a wide lens to all the relevant facts in order to determine whether an individual has suffered unlawful discrimination in consequence of… Read on
Three things you need to know about social media and the workplace
It’s hard to believe that Facebook hasn’t even been around for 15 years yet but, social media is now an ever present fact of life and has radically changed the way we do things. But new technology has brought challenges… Read on
Love island: can your employer stop romantic relationships at work?
No man (or woman) is an island and, as we all spend increasing amounts of time working, it is unsurprising that many people meet their partner at work. What are the relevant legal rules around this and how far can… Read on
Probationary periods: what are they and what do you need to know about them?
You may have heard people say they are “working their probation” and it is very common for employment contracts to contain a probationary period clause but, what exactly is this and, how does it work? We look at the legal… Read on
Employer’s disciplinary appeal failure could be constructive dismissal
The Court of Appeal recently reiterated that the effect of a successful disciplinary appeal by an employee against his dismissal was that the dismissal effectively “vanished” and his employment was restored. He should be treated as if he had never… Read on
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