This employment tribunal decision centres on the claimant's misuse of his work internet and email, and his employer's decision to dismiss him on the basis that the misconduct led to a breakdown in trust and confidence.
In DLA Piper's latest case report, the Court of Session held that limited liability partnerships (LLPs) that were contracted to carry out duties that were formerly carried out by a local authority were "associated employers" of the council for equal pay purposes.
In Gallop v Newport City Council  IRLR 211 CA, the Court of Appeal held that, in deciding if an employer knew that an employee was disabled, the issue is whether or not the employer knew of the facts constituting the employee's disability. The employer could not rely on an unreasoned opinion in an occupational health report that merely stated that the employee was not disabled within the meaning of the Equality Act 2010.
In Heron v Sefton Metropolitan Borough Council EAT/0566/12, the EAT held that direct age discrimination in accordance with the terms of the Civil Service Compensation Scheme did not give rise to the statutory authority defence under the Equality Act 2010.
In BS v Dundee City Council  IRLR 131 CS, the Court of Session found that a tribunal failed to address crucial questions in deciding whether or not an employee had been fairly dismissed for long-term absence and had been wrong to assume that the employee's length of service was a relevant consideration. Long service was relevant only insofar as it could lead to the inference that the employee was a good worker who would return to work as soon as possible.
In DLA Piper's case of the week, the Court of Session considered the relevance of length of service in an unfair dismissal claim to deciding how long to wait before dismissing someone because of incapability (ill health).
The Employment Appeal Tribunal has rejected a council's claim that it was required by an enactment to place a cap on the redundancy pay of an older worker who had reached civil service pension age.
The Court of Appeal has held that, while an occupational health report can assist employers in deciding whether or not an employee is disabled, it is up to the employer itself to make the final judgment as to whether or not the employee is covered by disability discrimination legislation. Employers must not simply "rubber stamp" the medical adviser's opinion.
In North and others v Dumfries and Galloway Council  IRLR 737 SC, the Supreme Court held that, where a claimant and her comparator are employed at different establishments, the correct hypothetical question is whether or not, in the event (however unlikely) of the comparator being transferred to do his present job at the claimant's workplace, he would continue to enjoy the same or broadly similar terms and conditions as he did before.
Assumptions that an individual accused of sexual harassment must be guilty can be costly, as this council found out after a tribunal awarded the claimant £169,000 for sex discrimination and constructive dismissal.
HR and legal information, news and guidance relating to local authority employers.