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  • Date:
    2 August 2018
    Type:
    Law reports

    Discrimination arising from disability: Withdrawal of job offer after reference highlighting absences

    In South Warwickshire NHS Foundation Trust v Lee and others, the Employment Appeal Tribunal (EAT) held that a decision to withdraw a job offer that was at least partially influenced by a reference that focused on the applicant's sickness absence levels was discriminatory.

  • Date:
    12 July 2018
    Type:
    Law reports

    Ambulance workers' holiday pay must include "regular and settled" voluntary overtime

    In Flowers and others v East of England Ambulance Trust, the Employment Appeal Tribunal (EAT) held that voluntary overtime must be included in the calculation of holiday pay for ambulance workers with a pattern of voluntary overtime that is sufficiently regular and settled.

  • Date:
    31 May 2018
    Type:
    Law reports

    Unfair dismissal: Dismissal without notice where no single act of gross misconduct

    In Mbubaegbu v Homerton University Hospital NHS Foundation Trust, the Employment Appeal Tribunal (EAT) held that the summary dismissal of a surgeon was fair where the trust had relied on a pattern of conduct, but there had been no single act amounting to gross misconduct.

  • Date:
    24 May 2018
    Type:
    Law reports

    Court of Appeal clarifies approach to discrimination arising from disability

    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.

  • Date:
    24 May 2018
    Type:
    Commentary and analysis

    Local authority posts and functions subject to regulation

    This article looks at the roles of local authority senior officers and the factors that local authority employers should take into account when appointing senior officers. It also explores other regulatory requirements specific to recruitment in local authorities.

  • Date:
    10 May 2018
    Type:
    Law reports

    Court of Appeal rules on correct approach to constructive dismissal

    In Kaur v Leeds Teaching Hospitals NHS Trust, the Court of Appeal held that, in "last straw" cases, an employee may rely on earlier affirmed breaches of contract provided that the later act forms part of the series.

  • Date:
    3 May 2018
    Type:
    Law reports

    Shared parental pay: Tribunal should rehear indirect sex discrimination claim, rules EAT

    In Hextall v Chief Constable of Leicestershire Police and another, the Employment Appeal Tribunal (EAT) remitted to a fresh tribunal the issue of whether or not a police force's policy of giving a period of full pay to mothers on maternity leave, but paying only statutory shared parental pay to partners, is indirectly discriminatory.

  • Date:
    2 May 2018
    Type:
    Law reports

    Variation of contract: Working without protest did not mean acceptance

    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.

  • Date:
    2 May 2018
    Type:
    Law reports

    Disability discrimination: Police officer was subjected to direct discrimination based on perceived disability

    In Chief Constable of Norfolk v Coffey [2018] IRLR 193 EAT, the EAT held that there was direct disability discrimination when a police officer was refused a transfer because she failed a hearing test - even though the extent of her hearing loss did not amount to a disability within the meaning of the Equality Act 2010. The tribunal was entitled to find that she was perceived as being disabled and that was enough to establish her claim.

  • Date:
    11 April 2018
    Type:
    Law reports

    Covert recording of disciplinary panel's private deliberations was admissible

    In Fleming v East of England Ambulance Service NHS Trust, the Employment Appeal Tribunal (EAT) held that covert recordings of the private deliberations of the disciplinary panel were admissible as evidence, except for any content covered by legal professional privilege.

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