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Can an employee’s dismissal be discriminatory if the employer only finds out about the disability at the appeal hearing?

In Baldeh v. Churches Housing Association of Dudley and District Ltd [2019] UKEAT/0290/18, the Employment Appeal Tribunal (EAT) held that, where an employer is unaware of an employee's disability at the time of dismissal but learns about this disability at an appeal hearing, the dismissal may be considered discriminatory.
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Can an employee’s dismissal be discriminatory if the employer only finds out about the disability at the appeal hearing?

Failure to offer appeal hearing amounts to unfair dismissal according to EAT

The appellant in the recent case of Radia v Jeffries International Limited, Mr Radia, was a Managing Director of a regulated financial services company. He had previously brought two claims against his employer. The Employment Tribunal's decision in the first claim criticised the credibility of his evidence and found him evasive. On receiving the judgement, Mr Radia was suspended by his employer pending a disciplinary. No investigation took place before the disciplinary hearing, which instead relied on the findings of the first Employment Tribunal. As he was a regulated person the employer decided that as a result of the Employment Tribunal's decision on Mr Radia's credibility, they could no longer employ him and consequently dismissed him for gross misconduct.
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Failure to offer appeal hearing amounts to unfair dismissal according to EAT

Adverse treatment of a gay head teacher found to be constructive dismissal and sexual orientation discrimination

In The Governing Body of Tywyn Primary v. Mr M Aplin UKEAT/0298/17/LA the EAT held that the adverse treatment of a gay head teacher amounted to constructive dismissal and sexual orientation discrimination.
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Adverse treatment of a gay head teacher found to be constructive dismissal and sexual orientation discrimination

Shortage Occupation List 2019: Regional Roundtable Meetings to be announced

In November 2018, the Migration Advisory Committee (MAC) issued a 'call for evidence', encouraging stakeholders to submit evidence in relation to any job titles or occupations in their associated sector/industry which they believed to be in shortage and, therefore, should be included on the Shortage Occupation List (SOL).
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Shortage Occupation List 2019: Regional Roundtable Meetings to be announced

Employment status and the right to substitute

The EAT has found that the right to appoint a substitute can still be consistent with employee status, notwithstanding the requirement that the work must be personally performed, if such right is only exercised when an employee is unable to work.
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Employment status and the right to substitute

Disability discrimination: Dismissal of a shoplifting employee with a tendency to steal

The EAT, in Wood v. Durham County Council, confirmed that an employee's "tendency to steal" was a manifestation of his disability and as such was an excluded condition under the Equality Act (Disability) Regulations 2010. The claimant's disability discrimination claim was therefore dismissed.
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Disability discrimination: Dismissal of a shoplifting employee with a tendency to steal

Mindful Business Charter aims to improve workplace wellbeing amongst lawyers

A number of City law firms and banking legal teams have joined forces to tackle long and unpredictable working hours in an attempt to improve lawyers' wellbeing and mental health. The Mindful Business Charter, fittingly launched on World Mental Health Day, was drawn up by Barclays alongside law firms Pinsent Masons and Addleshaw Goddard.
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Mindful Business Charter aims to improve workplace wellbeing amongst lawyers

Five-fold rise in workers taking their employers to tribunals

The number of workers in Scotland taking employers to task in the Employment Tribunal over unfair pay and conditions has seen a five-fold increase after controversial Employment Tribunal fees were scrapped. The fee regime, which saw employees paying up to £1,200 to pursue a case, was scrapped in July last year following a Supreme Court ruling that the charges were unlawful. Current UK government figures show equal pay cases accounting for the bulk of claims – an increase of 360%. Unfair dismissal claims also increased by 84% over the period, while sex discrimination claims went up by almost 50% and disability discrimination claims increased by 100%.
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Five-fold rise in workers taking their employers to tribunals

What can employers take from the latest migration statistics?

Earlier this month we blogged on the CIPD's latest quarterly labour market snapshot which found that the number of applicants per vacancy had significantly decreased across all skill levels in the last 12 months. The ONS has now released its August quarterly report on the UK migration statistics for the year ending March 2018 and the report highlights some interesting shifts in the patterns of EU migration in and out of the UK.
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What can employers take from the latest migration statistics?