A review of recent significant cases on practice and procedure in the tribunals, EAT, Court of Appeal and Court of Session.
The Court of Appeal decision in Mark Hone v Six Continents Retail Ltd shows that, in stress cases, whether or not the employer has any knowledge of the employee's mental or physical health and medical history is no longer so important.
Zoe Balmforth and Joe Glavina of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.
Joe Glavina and Emma Slark at Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.
It is not discrimination to reduce the sick pay of a female worker who is absent due to pregnancy-related illness in the same way as for a male worker who is absent for some other illness, nor to offset such absences against the full entitlement under a sick leave scheme, rules the ECJ in North Western Health Board v McKenna (8 September 2005).
In Hedgecock v Commissioners for HM Revenue & Customs, the EAT holds that, where an employee was unwilling to undertake some additional reception duties and was no longer suffering from stress-related illness, there was no breach of mutual trust and confidence when her employer informed her she would still be required to carry out those extra duties.
In Carden v Pickerings Europe Ltd, the EAT holds that the employment tribunal should have addressed the question of whether pins and plates inserted in the claimant's ankle in 1984 amounted to "continuing measures" for the purpose of para. 6 of Schedule 1 of the Disability Discrimination Act 1995.
HR and legal information and guidance relating to employee health.