IMHRPlus News

Acceptance of sick pay was one fatal factor to constructive dismissal claim

The recent case of Mari v Reuters Ltd has considered whether an employee who delayed 18 months before resigning from her employment and accepting sick pay during that time could successfully claim constructive dismissal.

Bonus Linked to Attendance Record Amounted to Discrimination

The Employment Appeal Tribunal (“EAT”) in the case of Land Registry v Houghton, was tasked with deciding whether an employer had committed an act of discrimination by withholding a bonus payment based on the attendance record of a handful of disabled employees.

Fit for Work – Guidance published

The Government’s new ‘fit for work’ referral service is due to launch in 2015. The referral system, which at present does not have an implementation date, will provide:

Obesity…is it a ‘Disability’?

At the end of 2014 that obesity may amount to a ‘disability’ for the purposes of the Equality Act 2010 and discrimination claims.

Caste Discrimination

The issue of Caste discrimination has become more and more prominent over recent months. Whilst discrimination on the basis of Caste is not yet (expressly) prohibited by legislation, the definition of “race” is non-exhaustive and so it is arguable that it is provided for within the definition of race discrimination.

Whistleblowing... Be careful of time limits

In McKinney v London Borough of Newham, the Employment Appeals Tribunal (“EAT”) had to determine whether a previous Employment Tribunal had been right to strike out a Whistleblowing claim on the basis that the 3 month time limit for bringing the claim, ran from the date of the employer’s decision to not uphold his grievance (the alleged detriment), as opposed to the date on which the employee learnt about the decision (which was later).

Tweeters beware...decision to dismiss employee for offensive non-work related tweet, held as potentially fair by EAT

The Employment Appeals Tribunal (“EAT”) considered in Game Retail Ltd v Laws whether an employee’s dismissal for making an offensive non-work related tweet, from a personal Twitter account, was fair.

Paying in lieu of Holiday pay

Previous case law established that employees who were unable to take their full annual leave entitlement due to sickness are entitled to carry over any unused holiday into the next holiday year (and, if they leave with that holiday still having been accrued but untaken, are entitled to payment in lieu of their untaken leave upon the termination of their employment).

Final Written Warnings, Sickness and Reasonable Adjustments

The Employment Appeals Tribunal (“EAT”) has recently held that an employer’s failure to ignore a final written warning for sickness absence, did not amount to a failure to make reasonable adjustment when considering further disciplinary action against the employee.

Holiday pay ruling could hit seasonal companies hardest

Businesses which are heavily reliant on seasonal workers could be at greatest risk and face the most uncertainty following this month’s holiday pay ruling.

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