Category: Personnel
Code of practice – fire and rehire
The new statutory code of practice on ‘Dismissal and re-engagement’ came into force on 18 July 2024. The code provides practical guidance to employers and employees – and their representatives – where an employer: Is considering making changes to one or more of its employees’ contracts of employment. Envisages that, if the employee or their representative does […]
Read MoreImportance of consulting on redundancy pool selection
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 […]
Read MoreUpdated guidance – right to work checks
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 […]
Read MoreApplying a fair and consistent process to ensure non-discriminatory action
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 […]
Read MoreNot following structured procedures
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 […]
Read MoreDiscrimination arising from a disability
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 […]
Read MoreFit Notes under scrutiny: are they truly effective?
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 […]
Read MorePolicy prohibiting prayer rituals did not breach pupil’s rights
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 […]
Read MoreGuidance – employing disabled people
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 […]
Read MoreBalancing teacher conduct and disability rights
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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