Unfair dismissal
What does “return to work” mean in the context of long-term disability benefits?
Investigations: getting the balance right
We are reminded by a recent decision of the Employment Appeal Tribunal (EAT) that the purpose of an investigation should […]
Employment Tribunal entitled to re-label decision to dismiss
In a recent Scottish case, the Court of Session has held that an Employment Tribunal (ET) was entitled to re-label […]
Covert recordings: "For the times they are a-changing"
Almost everyone carries around with them a recording device nowadays, in the form of a smartphone or wearable technology. Where […]
Manifesting one's beliefs vs inappropriately proselytising them – where is the line?
In Kuteh v. Dartford and Gravesham NHS Trust [2019] EWCA Civ 818 the Court of Appeal was asked to consider […]
Is it safe to dismiss an employee who is receiving long-term disability benefits?
The EAT has dealt a blow to employers, confirming that the purpose of permanent health insurance and similar schemes would […]
Disciplinary investigations: Common sense and even-handedness should prevail
In the recent Employment Tribunal (ET) case of Ball v. First Essex Bus Limited, the claimant, a 60-year-old bus driver […]
Dismissal of pilot with anxiety-related sickness absences held to be procedurally unfair
In Matthew Guest v. Flybe Limited, the Birmingham Employment Tribunal considered whether the dismissal of a pilot who had various […]
Does giving notice amount to an unambiguous act of resignation from employment?
An employee giving notice does not necessarily amount to an unambiguous act of resignation from employment, the Employment Appeal Tribunal found in East Kent Hospitals University NHS Foundation Trust v Levy.
Kilraine v London Borough of Wandsworth [2018]
A recent case has considered the issue of what amounts to a protected disclosure. In Kilraine v. London Borough of Wandsworth [2018], the Court of Appeal guided Employment Tribunals in such cases to focus on determining whether there was a "protected disclosure" and whether the disclosed information, showed or tended to show that one or more of the six specified types of malpractice had taken place or was likely to take place – for example a breach of a legal obligation.
Can the menopause constitute a disability?
A recent Employment Tribunal's ruling suggests that the physical and psychological effects of the menopause could constitute a disability for the purposes of the Equality Act 2010 (the 2010 Act) Ms Davies, a court officer for the Scottish Courts and Tribunal Service, had experienced the onset of the menopause resulting in her becoming severely anaemic, stressed and anxious, and experiencing memory loss.