Disability Discrimination Dispute Herry v Dudley Metropolitan Council The question of whether an employee is or isn’t disabled continues to test employers, and there seems little sign of that easing. As this case highlights, it’s a challenge for employees too. They must be able to show that their condition had the substantial adverse long-term effect…
2017 employment news It looks like the key employment law issue for 2017 will be employment status. In recent months, we have seen cases affecting a range of workers operating in the ‘gig economy’ where Employment Tribunals have held that they are entitled to paid holiday under the Working Time Regulations and to be paid…
Gross misconduct Adesokan v Sainsbury’s Supermarkets Ltd We often say that an employer will be entitled to dismiss an employee without notice if the employee is guilty of gross misconduct. That phrase suggests some sort of deliberate wrongdoing on the employee’s part but in Adesokan v Sainsbury’s Supermarkets Ltd the issue was whether it could…
Sickness absence & disability discrimination O’Brien v Bolton St Catherine’s Academy Section 15 of the Equality Act 2010 provides that it is discrimination to treat a disabled person unfavourably because of something arising in consequence of his or her disability – although there is a defence if the employer can show that the treatment is…
Changes to strike laws The major provisions of the Trade Union Act 2016 came into force on 1 March, 2017. This means that from now on industrial action ballots will only be lawful if at least 50 per cent of those being balloted cast a vote. Where the majority of those being balloted are engaged…