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

New case on disparity of treatment in unfair dismissal

Two employees, both found guilty of gross misconduct (one for kneeing in the leg and sending text messages of a violent nature, the other hitting his colleague in the face). The former was dismissed, the latter was not. Was 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

Tough case on collective consultation

We report on a case where the EAT has taken a very uncommercial view about collective consultation on a school closure, as a warning to employers in other collective consultation situations. Background This case has mainly been reported as one… Read on