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Newsletter: Understanding what is classed as a disability

An employee requires no length of service to bring a claim of discrimination. If an employer loses a tribunal case on the grounds of discrimination, the amount a tribunal can award is unlimited. In a recent case against Swansea University the claimant was disabled and suffering with Tourette’s Syndrome and other conditions when he was exited from the business via ill health retirement. As a reasonable adjustment his employer reduced…

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Newsletter: When is it reasonable to suspend an employee?

An education trust had suspended an employee Mrs Agoreyo following an accusation of excessive force of two young pupils, because of this Mrs Agoreyo tendered her resignation. She subsequently brought a claim of breach of contract to the county court whom held in favour of the employer’s decision. The ET considered that the headteacher had reasonable and proper cause for suspension and dismissed her claim. On appeal the High Court…

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Newsletter: Unfair Dismissal – The Problem with Social Media

Dismissals as a result of Social Media becoming more prevalent  Never before have the boundaries between work and home been so blurred. Where once disgruntled employees poured their woes out to each other in the pub after work they now take to social media to air their grievances. In 2016 API Microelectronics Limited made an announcement that they were considering a move of location which affected a number of employees.…

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Newsletter: Discrimination – Communicating whilst on maternity leave

The case highlights the importance of effective communication with employees on maternity leave.  The claimant Jackson was exercising her statutory right on maternity leave when her employer communicated that she was put at risk of redundancy. An email was sent to Jackson’s personal email which detailed redeployment documents and instructions for return. At the time in question Jackson was not accessing said personal emails and as such did not receive…

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Newsletter: Disability Discrimination – what is considered ‘long-term’?

How long after diagnosis does an employee meet the definition of a disabled person? The court has ruled in a case where it might not be as long as you think. Read the full judgement here. Teacher, Mrs Nissa, suffered with the symptoms of Fibromyalgia from December 2015 – which she claimed caused her physical and mental impairment so much so, she resigned from her job, effective from 31st August…

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Newsletter: Bank Holidays and your workforce

As a business it is your responsibility to provide your employees with the correct holiday entitlement. If managed incorrectly it could see you facing an employment tribunal claim for breaching the working times regulations. Having processes and rules in place along with knowledge of how best to manage your workforce around bank holidays you can ensure minimal disruption to your business and avoid a holiday headache. Things to consider: Legally,…

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Newsletter: Minimum wage rates will be changing from April

These are the changes that are coming into place from 6th April 2019. Statutory Maternity Pay (SMP), Statutory Paternity Pay (SPP), Statutory Adoption Pay (SAP) and Statutory Shared Parental Pay (SSPP) will increase from £145.18 per week to £148.68 per week The Statutory Sick Pay (SSP) rate will also increase from £92.05 per week to £94.25 per week The qualifying weekly lower earnings limit threshold for SMP, SPP, SAP, SSPP…

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