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In Portnykh v Nomura International plc (UKEAT/0448/13), the EAT considered the admissibility of correspondence marked as ‘without prejudice’.
The Court of Appeal has confirmed that an employment tribunal is able to consider the reasonableness of a final written warning when assessing the fairness of a dismissal.
This is a useful case for small employers who often rely on the advice of HR consultants.
The Court of Appeal has now ruled that post-employment victimisation is indeed covered by the Equality Act.
The case of Heron v Sefton Metropolitan Borough Council considered whether there was any defence to an age discrimination claim regarding an enhanced redundancy scheme.
Workers have a right to be accompanied at a disciplinary or grievance hearing where their request to be accompanied is reasonable.
During the investigation, the employee in this case admitted to breaching patient confidentiality by having patient documents clearly visible in a public environment.
In Z v A, it was decided that the dismissal of a school caretaker based on police information about an unproven allegation of historic child sex abuse was unfair.
Winckworth Sherwood has released the 2014 spring edition of its Budget Summary.
Winckworth Sherwood has created a dedicated tax team following the appointment of tax partner Simon Newsham.
The Public Sector Procurement Directive will make it easier for charities, social enterprises and public sector mutuals to deliver public services, according to Winckworth Sherwood.
The Employment Appeal Tribunal has considered whether an employee was entitled to the national minimum wage for the hours she spent sleeping at work.
Gallop v Newport City Council demonstrates that an OH report cannot be relied on unquestioningly by the employer in deciding whether an employee is disabled.
CJD v Royal Bank of Scotland considered the dismissal of an employee accused of assaulting his partner (who was also his colleague) outside of work.
It will sometimes be the case that an individual will be neither an employee nor a worker and thereby without any protection against unfair dismissal or discrimination.
Heads Up — December 2013 download
Winckworth Sherwood has released its December issue of Heads Up, which discusses the issues that faced education throughout 2013.
The EAT has upheld a decision that ECFRS was not reasonably expected to know (from a legal perspective) that one of its employees was disabled.
The EAT has emphasised the correct test for determining whether an employee has resigned in response to fundamental breaches by his or her employer.
It is not outside the scope of reasonable adjustments to require an employer to fund private medical treatment
The decision by the Employment Appeal Tribunal in Croft Vets v Butcher may be surprising and even alarming to employers.
The Court of Appeal has upheld a decision that a voluntary redundancy scheme, which benefited older employees over younger ones, constituted unfavourable treatment on the grounds of age.