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Tag Archive

3 Things We Learnt In Law This Week (31 January 2019)

Employee Was Not Unfairly Dismissed Over Offensive Facebook Posts About Director

An employee’s “extremely derogatory” social media posts about his boss’s generosity in awarding a Christmas bonus did not justify the employer’s failure to give him notice pay when he was dismissed, the Manchester Employment Tribunal has ruled.

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3 Things We Learnt In Law This Week (17 January 2019)

Disabled Shop Worker Wins Tribunal Award From M&S Over Lift Key

An Employment Tribunal (ET) has made an award of £1,000 against Marks and Spencer after a delay in providing a disabled shop worker with a lift key to allow him to reach the toilets more easily.

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3 Things We Learnt In Law This Week (27 December 2018)

Does an Employee Have a Right to a Statement of Employment Particulars When Employed for Less Than 2 Months?

Yes, if they have worked continuously for at least 1 month, held the EAT in Stefanko and others v Maritime Hotel Ltd.

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Our All New 5 Step Guide to Reducing Sickness Absence in the Workplace and Preventing Discrimination Claims

Managing sickness absence is a pivotal part of the successful running of your business. Letting sickness absence get out of control can mean that be business is not as productive, or efficient, as it could be. However, mismanagement of sickness absence can lead to a disability discrimination claim which could cost your business thousands of pounds.

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What “Positive Action” is Permitted Under Discrimination Legislation?

A key difference between positive action and positive discrimination is that positive action is lawful, provided that the employer meets the conditions set out in section 158 or 159 of the Equality Act 2010, whereas positive discrimination, generally, is not lawful.

In the context of recruitment, unlawful positive discrimination would be where an employer recruits a person because he or she has a relevant protected characteristic rather than because he or she is the best candidate. It is also unlawful, for example, to set quotas to recruit or promote a specific number or proportion of people with a particular protected characteristic. However, there are circumstances in which it is lawful to require a job applicant to have a particular protected characteristic, for example where an occupational requirement applies.

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LEGAL UPDATE: Fit for Work Assessments to End

The Government announced in Improving lives: the future of work, health and disability that the Fit for Work assessment scheme is to end on 31 March 2018 following low referral rates.

The Fit for Work referral service introduced in 2014 was set up to help employers manage sickness in the workplace and provided free access to occupational health professionals for people who are off work for four weeks or more. Once an employee reached, or was expected to reach, four weeks of sickness absence they could be referred to Fit for Work by their GP or their employer. However, the scheme has had poor take-up and after months of uncertainty over its future, the Government is set to pull the plug on the scheme at the end of the month.

The abolishment of the Fit for Work scheme came after the Government released its ambitious proposals to get one million more disabled people into work over the next 10 years.

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Reasonable adjustments for disabled job applicants

As lawyers, we know employment law can be a minefield for many employers out there.  The recruitment process is the start of any employment relationship and comes with its own obstacles as you must ensure any recruitment process is fair and objective.  Employers can expose themselves to risks of claims from job applicants if the recruitment process is discriminatory in any way.

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Reasonable Adjustments for Disabled Employees

What could be viewed as a reasonable adjustment for a disabled employee is a question that has been debated for some time.  Some adjustments appear straightforward whilst others are viewed as going beyond what would be considered reasonable.  A recent case in the news puts pay protection on the list as a reasonable adjustment.  Here we take a look at the case in point and offer some tips on some other adjustments that have been considered reasonable.

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Unfair Dismissal and Discrimination; David and Goliath

This week saw Newcastle United found guilty of disability discrimination and former Leeds United employee Lucy Ward win her claim of unfair dismissal and sex discrimination.  Whilst the level of compensation in both cases is yet to be determined, it serves as a timely reminder that David can win the battle against Goliath in legal proceedings.  Employers should not let themselves be lulled into a false sense of security that their stature will act as a deterrent to staff considering legal action against them.  Here I take a look at the details of the Lucy Ward case and offer my top ten learning points.

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