The Employment Appeal Tribunal has upheld an employment tribunal’s decision that an employer breached its duty to make reasonable adjustments under the Equality Act 2010, when it chose not to pay for an employee with work-related stress and depression to have private psychiatric counselling and cognitive behavioural therapy. Although a Read more…
The Information Commissioner’s Office (ICO) has highlighted the increasing use of personal devices (such as smartphones, tablets and laptops) for work purposes. The ICO suggests that businesses should update data protection policies and provide staff with guidance and training in response to this trend. The Royal Veterinary College (RVS) recently Read more…
A recent Court of Appeal decision underlines how useful restrictive covenants in employment contracts can be in protecting an employer’s business. The court dismissed the appeal of a former employee and director who had been ordered to pay at least £50,000 in damages, following a breach of his post-termination restrictive Read more…
Employers should take note of what appears to be the first case to consider the effect of a successful internal appeal on a prima facie case of indirect sex discrimination. The EAT held that an employee had not suffered indirect sex discrimination when her flexible working request, which was initially Read more…
The Employment Appeal Tribunal (EAT) has held that an employer’s failure to provide an impartial grievance appeal process (by allowing an employee to appeal to a different manager than the one who had heard the original grievance) could amount to a breach of the implied term of trust and confidence. Read more…
A recent Court of Appeal decision highlights that the question of whether an employee’s refusal of suitable alternative employment is reasonable will depend on the circumstances of the particular employee. The decision also underlines the importance, when considering a particular employee’s reasons for refusal, of identifying what those reasons were Read more…
A recent EAT decision highlights that even an admission of gross misconduct from an employee is no guarantee that dismissal will be fair. The EAT agreed with an employment tribunal that an employee was unfairly dismissed and victimised when he was summarily dismissed, ostensibly for knowingly using non-kosher jam to Read more…
The Employment Appeal Tribunal (EAT) has held that an employer breached section 10 of the Employment Relations Act 1999 when it refused an employee’s request to be accompanied at a grievance hearing by a certified union officer. The employee’s right to choose a companion was an absolute right, subject only Read more…
Businesses should take note of a Court of Appeal decision that focused on the level of investigation that an employer may be expected to undertake where there is an alleged theft or act of dishonesty by an employee. In this case, the court restored an employment tribunal’s decision that an Read more…
A High Court decision provides a classic example of why, when offering or negotiating a settlement of any dispute, it is important to add the words “subject to contract” to correspondence where it is intended that the settlement should not be considered binding until a formal written agreement has been Read more…