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UK: duty to make reasonable adjustments: employers not fixed with constructive knowledge of disability provided took reasonable steps to investigate

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 8 2015

An employer's failure to investigate discrepancies in an occupational health report (which found no disability) will not necessarily fix it with

UK: harassment: potential liability for damages to indirect victim

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 8 2015

An employer could be vicariously liable under the Protection from Harassment Act 1997 for harm caused by an employee harassing a colleague, including

UK: disability: Type 2 diabetes controlled by abstention from sugary drinks is not disability, according to EAT

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 8 2015

Type 2 diabetes is not necessarily a disability for employment purposes, according to the EAT. A claimant did not satisfy the definition of

UK: unfair dismissal: in depth investigation of employee’s explanations for misconduct will not always be necessary

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

The Court of Appeal has ruled that the requirement that an employer carry out a reasonable investigation into allegations of misconduct (in order for

UK: termination: employers can rely on historic repudiatory breach to dismiss summarily on discovery of the breach

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

Employers may be able to dismiss summarily and defeat a wrongful dismissal claim if they discover a repudiatory breach by the employee, even where

UK: state and diplomatic immunity: Court of Appeal rules on employment claims

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

The Court of Appeal has held that foreign staff employed at embassies in the UK could bring race discrimination and holiday pay claims; it considered

UK: disability discrimination: automatic non-payment of bonus to employees with absence warning was unlawful

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

Employers should review bonus or other schemes designed to reward good attendance levels, to assess whether any discriminatory affect against

UK: whistleblowing: normal jurisdictional test applies for unfair dismissal

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • January 6 2015

The usual territorial limits for unfair dismissal claims apply to whistleblowing claims for automatically unfair dismissal or detriment, according to

UK: termination: dismissal for tweets from private account may be fair

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • January 6 2015

It may be fair to dismiss an employee for posting offensive tweets on a personal Twitter account in the employee's own time, depending on the facts

UK: termination: need for careful drafting of dismissal letter highlighted

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • January 6 2015

Employers should avoid attaching emotive labels when informing employees of the findings of disciplinary panels. The Court of Appeal in