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

Influence of HR on disciplinary outcome: unfair dismissal

We report on a significant decision of the Employment Appeal Tribunal. Background This was a case of dismissal for gross misconduct, in which the claimant, Mr Ramphal had been accused of fabricating expenses, notably excessive petrol use and suspicious cups… Read on

Facebook remarks 2 years ago: fair dismissal

The EAT has held that it was fair of the British Waterways Board to dismiss their employee, Mr Smith, because of comments he had made on Facebook 2 years previously. This was even though the Waterways Board had known about… Read on

Dismissal investigations: how far do you need to go?

Did Genesis Housing Association have to investigate each and every line of defence put forward by their dismissed employee, Mr Shrestha, who they claimed had falsified his expenses? Background Mr Shrestha was dismissed by Genesis because the mileage claims he… 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

Obesity can constitute a disability

Mr Kaltoft is 1.72 metres tall and weighs over 100kg. This gives him a BMI of 54, which is classified as severe or extreme morbid obesity. We have recently reported about obesity and disability law. In the recent case of… 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

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