Local authority information
In Wright-Turner v London Borough of Hammersmith and Fulham and another, the employment tribunal held that a senior council officer's dismissal while on sick leave, with no warning, fair procedure or opportunity to appeal, was unlawful disability discrimination.
In Cox v Lancashire County Council, an employment tribunal held that allowing an autistic employee's wife to accompany him at a disciplinary hearing was a reasonable adjustment under disability discrimination legislation.
In London Borough of Lambeth v Agoreyo, the Court of Appeal held that the proper test for the courts for deciding if an employee's suspension breached the implied term of trust and confidence is whether or not the employer's decision to suspend was a "reasonable and proper" response to the allegations.
In Wood v Durham County Council, the Employment Appeal Tribunal (EAT) held that the employee's tendency to steal was a manifestation of his disability and an excluded condition under the Equality Act 2010 (Disability) Regulations 2010.
In James v Coedffranc Community Council, an employment tribunal upheld an unsuccessful job applicant's age discrimination claim after an interviewer said "I've just noticed how old you are" and jotted down older candidates' ages on interview notes.
In City of York Council v Grosset, the Court of Appeal held that the dismissal of a teacher for showing an 18-rated film to his pupils amounted to discrimination arising from his disability, even though the school had not been aware that the teacher's conduct was linked to his disability.
In Abrahall and others v Nottingham City Council and another, the Court of Appeal held that a number of employees who had continued to work without protest throughout a two-year pay freeze had not agreed to a variation of their contracts of employment.
In Reilly v Sandwell Metropolitan Borough Council, the Supreme Court held that a head teacher was fairly dismissed for failing to disclose her association with a convicted sex offender.
In Dudley Metropolitan Borough Council v Willetts [2017] IRLR 870 EAT, the EAT held that payments for regularly worked voluntary overtime are part of a worker's "normal remuneration" for the purposes of calculating a week's pay in respect of a worker's holiday pay entitlement.
The High Court has held that the suspension of a teacher was a "knee-jerk" reaction and in breach of the implied term of trust and confidence between the employer and employee.
Employment law cases: HR and legal information, news and guidance relating to local authority employers.