Drafting error on letter did not amount to disability discrimination
In Crime Reduction Initiatives (CRI) v Lawrence the Employment Appeal Tribunal ("EAT") held that an employer's letter to a disabled employee, which invited her to a disciplinary hearing rather than a capability meeting, was not relevant to her claim for discrimination arising from disability. Read more
Employees on "sleep shift" are entitled to be paid
This article takes a look at the circumstances when an employee is entitled to receive the national minimum if working "sleep in" shifts and whether such time constitutes working time. Read more
Age discriminatory comment was not a material factor in the employee's constructive dismissal
It has been held that an employee in his fifties, about whom the employer had performance concerns, was constructively dismissed when his manager expressed the desire to move him out of his job and announced a new appointee for the role. However, the manager's comment "you're not 25 anymore" was not a material part of the repudiatory conduct which led to the employee resigning. Read more
Whistleblowing: The distinction between the manner of complaining and the actual complaint
In a recent case the EAT considered whether protected disclosures made by an employee could be separated from the manner in which the employee had pursued his complaints and held that such a distinction can be made. Read more
Covert recordings taken by employees
The EAT has held that covert recordings made by an employee of the public and private discussions of the panel at her grievance and disciplinary hearings could be admitted as evidence at a final hearing. Read more
ACAS Early Conciliation
The ACAS early conciliation rules are now in force, whereby early conciliation is now mandatory for all claims presented on or after 6 May 2014. This means that prospective claimants will now have to contact ACAS before they can present a claim to the Tribunal. Read more
In the case of Lyons v DWP Jobcentre Plus UK it was held that the dismissal of an employee following long periods of sickness absence, due to post-natal depression, did not amount to discrimination because of pregnancy or sex. Read more
Antonio and Peter recently successfully represented a client in its response to an Employment Tribunal claim. Following a successful defence of the claim, the client had the following comments on the result and support provided: "We are very pleased, it was a great result for the company. My thanks to you both for the excellent support we have received."
Jon has also been busy in recent months providing a number of training sessions for a variety of different clients. Such topics have included "managing disciplinary and grievances", "bullying and harassment" and "social media". If you are interested in learning more about the training sessions we can offer, please do contact Jon.
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The information contained in this update is for general information purposes only and should not be relied on in isolation without seeking further legal advice that is specifically applicable to your circumstances. For such advice please contact Jon Taylor.
