In the recent case of All Answers Ltd v W and Another, the Court of Appeal provided clarity on when the disability status of Claimants should be assessed. It held that the long-term effect of an impairment must be considered…
This was considered in the recent Employment Appeal Tribunal (EAT) decision in Allay (UK) Ltd v Galen. Background Mr Gehlen, alleged that he was subject to harassment related to his race by a fellow employee, Mr Pearson. Following an investigation, Mr Pearson was…
The Supreme Court has handed down a decision in the case of Royal Mail Group Ltd v Jhuti [2019] UKSC 55, which has far reaching consequences for employers dealing with disciplinary (and grievance) processes. The appeal concerns the dismissal of…
Most UK football fans will be aware of the incident that led to Derby County Football Club sacking its former captain, Richard Keogh, for gross misconduct last month (October 2019). For those who have not followed the story, here is a…
Can a massage given in the workplace constitute harassment related to sex? A recent Employment Appeal Tribunal decision confirmed that a female manager massaging a male employee’s shoulders in an open plan office, whilst unwanted conduct, was not “related to…
This was considered in the case of Ugradar v Lancashire Care NHS Foundation Trust. The Facts The Claimant in this case was employed by the Trust on Agenda for Change (AfC) terms and conditions of employment. There was a re-organisation within the…
In the case of Phoenix House Limited v Stockman, the Employment Appeal Tribunal (EAT) considered whether an employee had committed misconduct during their employment, for covertly recording a meeting, and whether a reduction should be applied to the compensation awarded. Facts Ms…
The EAT has recently held in the case of ICTS (UK) Limited v Visram that an employee would have been entitled to benefits under a permanent health insurance (PHI) scheme until death or retirement, had he not been dismissed. Facts of…
The Employment Appeal Tribunal (EAT) has considered in the case of Tywyn Primary School v Aplin whether irregularities in a disciplinary process amounted to a breach of the implied duty of trust and confidence and discrimination. Internal disciplinary proceedings Mr Aplin is…
Angharad Birch considers the case of City of London Corporation v Mr L McDonnell in which the Employment Appeal Tribunal (EAT) considered whether a finding of a claim for whistleblowing was based on the correct interpretation of the evidence. Suspension and…
