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employmentlaw
28
Jul
2022
'Long Covid' Recognised as a Disability in Important Employment Ruling
Written by
Emma-Louise Hewitt
Following recovery from the immediate effects of COVID-19, a substantial number of people have gone on to suffer from a phenomenon commonly known as 'long Covid'. In an important ruling, an Employment Tribunal (ET) found that the condition is...
20
Jul
2022
Capability – Justifying the Dismissal of a Disabled Employee is Never Easy
Written by
Emma-Louise Hewitt
Justifying the dismissal of a disabled employee on capability grounds is always likely to be an uphill struggle. That was certainly so in the case of an HGV driver who was sacked whilst in the midst of a long and painful recovery from major back...
18
Jul
2022
Banker Discovers the Limitations of the Spoken Word as a Contractual Tool
Written by
Emma-Louise Hewitt
The spoken word inevitably leaves room for misunderstanding and differences of recollection and is far from an ideal medium for the making of contracts. The point was made by a High Court case that focused on a hotly disputed conversation between an...
13
Jul
2022
Employers – Knee-Jerk Reactions to Fractious Situations Can Cost You Dear
Written by
Emma-Louise Hewitt
When employees query the contents of their wage packets, terse conversations can ensue. As one case showed, however, knee-jerk reactions to such situations are a positive invitation to Employment Tribunal (ET) proceedings. The case concerned a hotel...
29
Jun
2022
Badly Mistreated Immigrant Worker Succeeds in ET Claim
Written by
Emma-Louise Hewitt
It is a sad fact that immigrant workers with little or no grasp of English are vulnerable to shocking mistreatment by a minority of employers. As an Employment Tribunal (ET) ruling showed, however, perpetrators of such abuse can expect crushing...
09
Jun
2022
Pregnancy Discrimination – Employers' Claims of Ignorance
Written by
Emma-Louise Hewitt
Employers accused of discrimination are often heard to claim that they had no inkling that the employee concerned had a protected characteristic. However, the case of a pregnant woman who was sacked whilst in the throes of morning sickness showed...
02
Jun
2022
Clandestine Rendezvous - Unfair Constructive Dismissal
Written by
Emma-Louise Hewitt
Openness and transparency are key to promoting a healthy working environment. An Employment Tribunal (ET) made that point in taking a very dim view of a clandestine rendezvous between a salesman and his line manager in a shopping centre car park (...
27
May
2022
Harassment – The English Language Evolves and So Must the Workplace
Written by
Emma-Louise Hewitt
The English language is constantly evolving and words that might once have been considered harmless are now regarded as racist, homophobic and sexist slurs. An Employment Tribunal (ET) powerfully made that point in condemning a manager's persistent...
23
May
2022
Chairman of Professional Regulatory Committee Has 'Worker' Status
Written by
Emma-Louise Hewitt
Determining whether or not a person has the protected status of a 'worker' is a highly fact-sensitive exercise. However, as was shown by a guideline Court of Appeal ruling concerning the chairman of a professional regulatory committee, close...
12
May
2022
Big and Sophisticated Companies Need Human Resources Departments to Match
Written by
Emma-Louise Hewitt
Big companies are expected to have substantial and sophisticated human resources departments to match their stature. An Employment Tribunal (ET) made that point in upholding a call centre worker's unfair dismissal complaint (Clark v DL Insurance...
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