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BPE Solicitors LLP | United Kingdom, European Union | 8 Jan 2019

Top 5 Employment Law Cases in 2018 and what to expect in 2019

2018 will go down as a year dominated by Brexit and the further sad demise of the UK High Street


Taylor Wessing | United Kingdom | 18 Dec 2018

Implied term not to dismiss for incapacity if it would stop employee's entitlement to payments from long-term disability plan

Some employers provide long-term sickness or incapacity benefits to their employees such as permanent health insurance (PHI) although employers may


Hogan Lovells | United Kingdom | 10 Dec 2018

No right to dismiss where employee entitled to disability payments

Mr Awan was entitled to long term disability benefits of two-thirds of salary. Although the employer took out an insurance policy to cover that


Herrington Carmichael LLP | United Kingdom | 5 Dec 2018

Employment Law Monthly Update - December 2018

Dismissing individuals with long term disability benefits In the recent Employment Appeal Tribunal (EAT) case of Awan v ICTS, the EAT considered


Steptoe & Johnson LLP | United Kingdom | 27 Nov 2018

'Tendency to Steal' not an Impairment

In this short update, we report on the Employment Appeal Tribunal (EAT)’s decision in Wood v Durham County Council. The decision confirms that a


Hill Dickinson LLP | United Kingdom | 6 Nov 2018

Was it discriminatory to issue a disciplinary warning for a high number of disability-related absences?

The EAT has held that an employer’s decision to issue an employee with a Disciplinary warning, after she had 60 days off sick in 12 months, amounted


Womble Bond Dickinson (UK) LLP | United Kingdom | 27 Sep 2018

Establishing disability: pressure on employee to provide evidence

In Mutombo-Mpania v Angard Staffing Solutions Ltd (UKEAT000217), the Employment Appeal Tribunal found that an employee had failed to discharge the


Womble Bond Dickinson (UK) LLP | United Kingdom | 23 Aug 2018

Bullied employee fairly dismissed following breakdown of working relationship

In Simmonds v Salisbury NHS Foundation Trust 2018 EWCA Civ 1864, the Court of Appeal held that an Employment Tribunal was right to find that an


Dentons | United Kingdom | 21 Jun 2018

Can the menopause constitute a disability?

A recent Employment Tribunal’s ruling suggests that the physical and psychological effects of the menopause could constitute a disability for the


Hill Dickinson LLP | United Kingdom | 16 May 2018

Discrimination arising from disability: does an employer need to know that the disability is the underlying cause?

The Court of Appeal has recently held that a claim for discrimination arising from disability does not require the employer to know that disability is

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