“When facing a reasonable adjustments claim one of the first lines of defence for an employer is knowledge. An employer can avail itself of the defence of lack of knowledge of the disability (s.20 of Sch 8 of the Equality Act 2010) if it did not know, and could not reasonably have been expected to know, that the person had a disability. The defence is an impenetrable shield and often forms a key battleground at trial.”
13 KBW Employment, 18th November 2013
“During last week’s World Sports Law Report webinar on player contracts, David Reade QC and John Mehrzad presented a section on ‘manager publically criticising player’ and, with some degree of prescience, concluded that the ‘manager was also at risk of breach of implied term of trust and confidence with club or misconduct charge’. ”
Littleton Chambers, 23rd September 2013
Source: www.littletonchambers.com
“The training company A4e has been found guilty of racial discrimination and been ordered to pay out £50,000 in compensation, the Guardian has learned. Employment tribunal judges found that the company, paid £345m by the Department for Work and Pensions for its back-to-work employment services since 2010, racially discriminated against Rohim Ullah when it unlawfully dismissed him from its Bradford office in 2011.”
The Guardian, 22nd September 2013
Source: www.guardian.co.uk
“Employers must get their social media policies in order, say Chris Bryden & Michael Salter.”
New Law Journal, 19th July 2013
Source: www.newlawjournal.co.uk
“A former employee who was awaiting an appeal against her dismissal was not ’employed’ for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), the Employment Appeal Tribunal (EAT) has ruled.”
OUT-LAW.com, 17th May 2013
Source: www.out-law.com
Geys v Société Générale, London Branch [2012] UKSC 63; [2012] WLR (D) 394
“An immediate and express repudiation of a contract of employment only terminated the contract if and when the other party elected to accept the repudiation.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
“Ramani Ramaswamy, who was recruited from his native India, was given lessons to help him improve, but his command of the language only deteriorated, it was claimed. He was dismissed from his job and suspended from the national radiography register for a year after a string of complaints were made against him. The Health and Care Professions Council found that he had showed a ‘lack of competence’ in a number of areas during his term of employment at The Christie Hospital in Manchester.”
Daily Telegraph, 22nd November 2012
Source: www.telegraph.co.uk
“A police officer who was sacked after a woman prisoner was dragged across a floor and thrown in a cell must get his job back, a High Court judge has ruled.”
BBC News, 9th November 2012
Source: www.bbc.co.uk
“Science teacher Patricia Davies has been granted permission to take her case to the Appeal Court six years after she was sacked for allegedly simulating a sex act in class.”
Daily Telegraph, 16th October 2012
Source: www.telegraph.co.uk
“Unused holiday entitlement by workers on long-term sick leave should be automatically transferred into the next leave year if a worker is unable to take that holiday due to his or her sickness, the Court of Appeal has said.”
OUT-LAW.com, 27th July 2012
Source: www.out-law.com
NHS Leeds v Larner [2012] EWCA Civ 1034; [2012] WLR (D) 227
“An employee who had been on sick leave for a prolonged period of time and who was eventually dismissed thereafter had not lost her right to the holiday pay to which she was entitled in lieu of the annual leave which she had been unable to take.”
WLR Daily, 25th July 2012
Source: www.iclr.co.uk
“A teacher at an all girls’ school has been banned from classrooms after being accused of being ‘obsessed with sex’.”
Daily Telegraph, 22nd July 2012
Source: www.telegraph.co.uk
“The extended use of settlement agreements, which will make it easier for employers to remove underperforming workers in exchange for a pay-off, has been proposed Business Secretary Vince Cable.”
OUT-LAW.com, 13th June 2012
Source: www.out-law.com
“Rules making it easier for companies to sack their workers by offering them immediate payouts if they agree to leave without any fuss will be unveiled this week as part of the government’s controversial overhaul of employment law.”
The Guardian, 10th June 2012
Source: www.guardian.co.uk
“Employment litigation in the High Court is one of the most interesting and dynamic areas of practice. The cases tend to be fought at the point where countervailing currents commercial law and employment law meet and many of the cases turn on resolving the tension between the bargain struck between commercial men and the implied term of trust and confidence. That tension presents an opportunity for the creative and a pitfall for the unwary.”
Full story (PDF)
11 KBW, 28th May 2012
Source: www.11kbw.com
The FSA’s Approved Persons Regime and the Disciplinary and Dismissal Flashpoints (PDF)
11 KBW, 22nd May 2012
Source: www.11kbw.com
Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330; [2012] WLR (D) 97
“For the purposes of a claim for age discrimination under regulation 3 of the Employment Equality (Age) Regulations 2006, where an employer gave notice of dismissal to an employee on the grounds of redundancy, it was a legitimate part of the aim of the employer in giving that notice to ensure that when giving effect to it, the dismissal also saved the employer additional costs that, had it not timed the dismissal as it did, it was likely to have incurred by reason of the employee’s age.”
WLR Daily, 22nd March 2012
Source: www.iclr.co.uk
“Employment lawyers have given a mixed response to an eagerly anticipated Court of Appeal (CoA) ruling on whether discrimination can be justified by saving costs.”
The Lawyer, 23rd March 2012
Source: www.thelawyer.com
“A businesswoman sacked after a night entertaining clients ended in spectacular embarrassment has had her hopes of a compensation payout boosted by a tribunal ruling.”
Daily Telegraph, 22nd March 2012
Source: www.telegraph.co.uk
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