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Attempts at conflict resolution did not prevent disciplinary action

United Kingdom - August 13 2009 In West London Mental Health NHS Trust v Sarkar, the EAT held that the employer's actions in seeking to resolve complaints against Mr Sarkar through an internal "Fair Blame Policy", designed to deal with less serious matters, did not mean that his subsequent dismissal for gross misconduct was unfair or outside a range of reasonable responses open to the employer....

Kim Pattullo, Blair Adams.

Sleeping-in allowance counts towards minimum wage

United Kingdom - August 13 2009 The case of Smith v Oxeter Learning Disability NHS Trust concerned a worker who was contracted to work 15 hours per week at a residential care home and occasionally required to sleep at the care home to be on call for night duty....

Kim Pattullo, Blair Adams.

Meaning of "likely" under the DDA

United Kingdom - August 13 2009 The House of Lords has held that the phrase 'likely to recur' in relation to the definition of disability under the Disability Discrimination Act must be given a wide meaning (SCA Packaging Limited v Boyle)....

Kim Pattullo, Blair Adams.

Consultation on "whistleblowing claim forms"

United Kingdom - August 13 2009 The Department for Business, Innovation and Skills has issued a consultation on a proposal that tribunals should have the power, in claims involving whistleblowing, to pass details of alleged wrongdoing relied upon by the whistleblowers in tribunal claims to a "relevant regulator" for investigation....

Kim Pattullo, Blair Adams.

Substitution clauses and employment status

United Kingdom - August 13 2009 Yet another case on substitution clauses in agreements with individual contractors....