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Failure to make reasonable adjustments can render a dismissal unlawful
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
Where a dismissal could have been avoided by making a reasonable adjustment (such as a phased return to work or a move to a different job), the employer's failure to make the reasonable adjustment meant that the dismissal itself amounted to discrimination under the Disability Discrimination Act
TUPE and insolvency
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
The Court of Appeal has heard the appeal in Oakland v Wellswood (Yorkshire) Ltd
Employer has substantial flexibility to determine selection pools in a redundancy exercise
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
The EAT has held that an employer has a wide measure of flexibility in determining the pools for selection in a redundancy process (Lomond Motors Ltd v Clark
Legal representation at internal disciplinary proceedings
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
In the case of Kulkarni v Milton Keynes Hospital NHS Foundation Trust, the Court of Appeal has held that in certain circumstances an individual may have the right to be legally represented at an internal disciplinary hearing
Attempts at conflict resolution did not prevent disciplinary action
- Shepherd & Wedderburn LLP
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- United Kingdom
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- 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
Sleeping-in allowance counts towards minimum wage
- Shepherd & Wedderburn LLP
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- United Kingdom
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- 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
Meaning of "likely" under the DDA
- Shepherd & Wedderburn LLP
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- United Kingdom
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- 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
Consultation on "whistleblowing claim forms"
- Shepherd & Wedderburn LLP
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- United Kingdom
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- 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
TUPE and liability for equal pay
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
The Court of Appeal has upheld the decision of the EAT, in Gutridge v Sodexo, that following a TUPE transfer a transferee can be liable for the transferor's equal pay breaches
Employers must act on suspicion of misconduct or lose right to rely on it
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 13 2009
The Court of Appeal has held that if an employer suspects an employee to be guilty of misconduct, it should instigate disciplinary proceedings against the employee or reserve its position to bring future disciplinary proceedings against the employee
Current Search
- Jurisdiction - United Kingdom
- Workarea - Employment & Labor
- Workarea - Litigation
- Author - Kim Pattullo
- Author - Sheila Gunn