Personnel

Importance of consulting on redundancy pool selection

Posted on July 11th, 2024

The employment tribunal (ET) case of Mr Z Valimulla v Al-Khair Foundation is a case that indicates the importance of consulting upon issues such as pool selection in a redundancy exercise at a time when it can actually make a difference to or influence the outcome. Mr Valimulla challenged the dismissal, arguing that the redundancy […]

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Personnel

Updated guidance – right to work checks

Posted on July 2nd, 2024

The Home Office has updated its guidance ‘Employer’s guide to right to work checks’. The update was provided on 21 June 2024. The guidance explains how to carry out right to work checks, why you need to do them and which documents you can use. The guidance applies to right to work checks conducted on or after […]

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Personnel

Applying a fair and consistent process to ensure non-discriminatory action

Posted on June 25th, 2024

In the case of Leicester City Council v Mrs B Parmar, the employment appeal tribunal (EAT) considered whether the employment tribunal (ET) was correct in its conclusion that the council’s actions were racially discriminatory. The council argued that the ET had erred in its judgment by failing to consider all the evidence properly and by […]

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Personnel

Not following structured procedures

Posted on May 30th, 2024

In the case of Smith v Alpha Plus Group Limited, Mr Smith was employed as a teacher for 12 years. His last two appraisals had been glowing. In 2020, he became unwell due to mental health because of a breakdown in his personal relationship. He was later diagnosed as having an adjustment disorder with depressive […]

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Personnel

Discrimination arising from a disability

Posted on May 17th, 2024

In the case of Bodis v Lindfield Christian Care Home, Ms Bodis was employed as an activities co-ordinator. From October 2018, a number of unusual incidents occurred. This included paper towels being stuck down the staff toilets, displays damaged, reports soaked in water, a poster of staff vandalised and photographs of management defaced by the addition […]

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Personnel

Fit Notes under scrutiny: are they truly effective?

Posted on May 16th, 2024

Background of fit notes In 2010, the fit note replaced the ‘sick note’. The changes gave a GP the option to indicate that an individual ‘may be fit for work subject to the following advice’, for instance recommending reasonable adjustments, such as a phased return to work and workplace adjustments. Therefore, GPs were expected to […]

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Personnel

Policy prohibiting prayer rituals did not breach pupil’s rights

Posted on May 2nd, 2024

In the case of R (TTT) v Michaela Community Schools Trust, the claimant R has an anonymity order. The school, a secondary free school for girls and boys, has around 700 pupils from diverse ethnic and religious backgrounds, half of which are Muslims, which included R. Policy decision In May 2023, the governing body had […]

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Personnel

Guidance – employing disabled people

Posted on April 29th, 2024

The Department for Work & Pensions has published a new guide to help managers better support disabled people. The guidance aims to help managers to be confident about managing and supporting employees with a disability or health condition, from recruitment and induction through training, development, progression and retention. The guide covers the law relating to […]

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Personnel

Balancing teacher conduct and disability rights

Posted on April 26th, 2024

In the case of Rogers v Diocese of Southwell and Nottingham Multi-Academy Trust, the employment tribunal (ET) considered claims of unfair dismissal and disability discrimination. The case highlights the issues in balancing employment legislation, disability rights, teachers’ standards and the statutory safeguarding framework. Background Ms Rogers was employed as a primary school teacher by the […]

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Personnel

Disability discrimination – failure to make reasonable adjustments

Posted on April 18th, 2024

The case of Miller v Rentokil highlights how a trial period in an alternative role potentially amounts to a reasonable adjustment. Adjustments to working arrangements Mr Miller was employed as a pest control technician, described as a ‘field role’. He was diagnosed with multiple sclerosis in March 2017. The employer made various adjustments and modifications […]

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