The EAT has said it may in individual circumstances be reasonable to allow a disabled employee to retain previous pay for a less skilled job, or even to pay for work not done. In G4S Cash Solutions v Powell, EAT, 2016 www.bailii.org the employee was moved due to disability into a job which was less... Read more »
Diana Kloss’s latest blog considers two cases which seem to limit the scope of the ACAS Code. In two recent cases, Holmes v QinetiQ and Phoenix House Ltd v Stockman, the Employment Appeal Tribunal held that the ACAS Code does not normally apply to ill-health dismissals or dismissal ‘for some other substantial reason’. This meant... Read more »
A recent EAT case can make it easier for a whistleblower who is an agency worker to claim against the end user. In McTigue v University Hospital Bristol NHS Foundation Trust, a Forensic Nurse Examiner was employed by an agency and supplied to an NHS Trust. Both the agency and the Trust determined part of... Read more »
We have added the first ‘Good practice guide’ to this site. Good practice guides are meant as general guidance for practitioners to help them comply with the law and good practice, rather than explaining the law itself which is covered elsewhere on this site. We have started with a good practice guide on Confidentiality and... Read more »
Following the referendum result, Diana Kloss’s latest blog is on Brexit and OH law. None of us can give definite predictions of what will happen in the next few years. The United Kingdom has embarked on one of the most challenging and momentous periods in its long history. Diana’s blog seeks to give some idea... Read more »
The EAT held it did not in a case where culpable conduct was not alleged. However a fair procedure is still required. In Holmes v QinetiQ www.bailii.org the claimant, who had extensive absences due to pain, won an unfair dismissal claim where the employer failed to obtain an up-to-date OH report after an operation which... Read more »
The Court of Appeal has applied EU law to hold that a student could make an employment tribunal claim for discrimination by a work placement provider, even though her university had arranged the work placement. The claimant was undertaking a Diploma of Higher Education in Mental Health Nursing, and claimed indirect sex discrimination against a... Read more »
The Court of Appeal rejected an argument that the Equality Act had a wider territorial reach than unfair dismissal (even apart from EU law). In Hottak v FCO www.bailii.org locally recruited interpreters employed by the British army in Afghanistan were held not to have an EqA claim in Britain. They were claiming that their relocation... Read more »
When can and should OH disclose medical information in the public interest, without consent? This has recently been in the news in the case of the refuse lorry driver who collapsed at the wheel in a crowded Glasgow street, tragically killing six shoppers when his lorry went out of control and mounted the pavement. Assuming... Read more »
The Court of Appeal has held that court interpreters employed on an assignment-by-assignment basis were not within the EqA. The interpreters were not employees, and the employment tribunal had held that nor where they within the extended EqA definition of employment, as being employed under a contract ‘personally to do work’. The EAT overturned the... Read more »
