News & insights
Discrimination 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 […]
Read MoreDisability discrimination – failure to make reasonable adjustments
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 […]
Read MoreUpdated code of practice – fire and rehire
In February 2024, the Department for Business & Trade issued a draft new code of practice for fire and rehire (dismissal and re-engagement) situations. The code recognises that fire and rehire can give rise to conflict between employers, employees and trade unions and the code is intended to provide practical guidance in avoiding disputes and […]
Read MoreKinship carers
Kinship care (also known as family and friends care and/or connected person care) is when a child lives with a relative, or a close family friend, usually because their parents are not able to look after them. With more than 180,000 children in the UK currently in kinship care arrangements, it is important for employers […]
Read MoreUnfair dismissal – EAT finds dismissal relating to a racist ‘joke’ fair
The case of Vaultex UK Ltd v Mr Robert Bialas highlights the importance of considering all the facts when determining the fairness of dismissal. Mr Bialas was employed as a Super Operator/Coin Processor. In September 2021, he searched for and shared what he believed to be a ‘clean’ joke on the company’s Workvivo system. The […]
Read MoreEnhancing occupational health awareness
The government has recently appointed Dame Carol Black as the government’s new Occupational Health Tsar. She will lead a new taskforce with the purpose of improving employer awareness of the benefits of occupational health in the workplace. Despite the importance of occupational health services, only 45% of workers in Britain currently have access to such […]
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