The Employment Appeal Tribunal has recently confirmed that it may be a reasonable adjustment for a disabled employee to have legal representation. In Yorkshire Housing Limited v Cuerden the EAT upheld the tribunal’s decision that the claimant, who suffered from a major depressive disorder and panic disorder, was put at a susbstantial disadvantage by her[…]
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The Equality and Human Rights Commission concluded in its report “How Fair is Britain?” that the UK is a largely tolerant and open minded place to live and work. However, the report identifies several areas in the employment field where progress has been slow or where there may be a risk to further progress being[…]
The government is considering increasing the qualifying period for unfair dismissal from 1 year to 2 years. The timetable for a decision has not yet been announced, and it is likely there will be a consultation period first. If the change occurs, it is good news for business, but bad news for employees. In theory, employers would[…]
In Tao Herbs and Accupuncture Ltd v Jin the EAT upheld the Employment Tribunal’s award of £11,000 to an unfairly dismissed employee, despite the Employer seeking to argue that this would place it into liquidation. The EAT decided that the likelihood that the employee’s employment would probably have ended due to the recession had been[…]
Employers can only dismiss employees fairly for a fair reason and following a fair process. The Employment Rights Act 1996 sets out the 5 potentially fair reasons which are: capability; conduct; redundancy; contravention of a statutory duty or some other substantial reason. Employers must also follow a fair dismissal process which complies with the ACAS[…]
Redundancy has a specific technical meaning and is often misunderstood by employers and employees alike. Redundancy is defined as where the employer has ceased to carry on business for the purposes of which the employee was employed or to carry on business in the place where the employee was employed or where the requirements of[…]
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