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Author Archive

Employee who fell asleep at work was unfairly dismissed

Staying awake at work is one of the most fundamental requirements of almost every job. However, the recent case of Okoro v Bidvest Noonan (UK) Ltd serves as a reminder to employers that they should not jump to a conclusion that being asleep at work always warrants dismissal. Context must always be taken into account. In this case, Mr Okoro was a CCTV controller.

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Redundancy and alternative employment: Half-measures won’t do

The Employment Rights Act 1996 lists redundancy as a potentially fair reason for dismissal. But the existence of a genuine redundancy situation or a sound selection process doesn’t guarantee a fair dismissal. Employers also have a duty to explore alternatives – especially the possibility of alternative employment. Too often, this part of the process becomes a ‘tick box’ exercise: pointing to a vacancies list and leaving the rest to the employee. A recent case highlights how this approach could render an otherwise fair redundancy dismissal, unfair.

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No duty to make an adjustment if it would not remove the disadvantage

Under the Equality Act 2010, employers have a legal duty to make reasonable adjustments for disabled employees. These adjustments aim to remove or reduce disadvantages caused by a disability, and can include changes to the workplace, providing assistive equipment, or adapting how tasks are carried out. The goal is to enable disabled employees to access, stay in, and thrive in work.

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Tribunal should have focused on what employee couldn’t do, not what he could do, when deciding if he was disabled

Whether or not an employee meets the legal definition of a disabled person is a crucial starting point in any disability discrimination case. Under section 6 of the Equality Act 2010, a person is considered disabled if they have a physical or mental impairment that has a substantial, long-term adverse effect on their ability to carry out day-to-day activities.

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A carer paid by his brother using money from the local authority was not employed by the local authority

It’s a basic requirement when claiming employment rights that the claimant is, in fact, an employee of the respondent. But sometimes, especially in the context of care, the lines can be blurred. A recent Employment Appeal Tribunal (EAT) decision in Scully v Northamptonshire County Council clarifies the distinction between care funding arrangements and employment relationships.

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Megan Boyle

Paralegal

Megan Boyle joined Bermans in February 2025 and is a Paralegal in our Insolvency Team.

Megan supports the team across a broad spectrum of both corporate and personal insolvency matters, encompassing a mix of contentious and non-contentious work, reflecting the diverse nature of the cases we handle.

Her experience includes assisting the solicitors with a wide range of tasks, such as:

  • Applications for administration extensions
  • Drafting winding-up petitions
  • Applications for the rescission of winding-up orders
  • Possession and sale applications
  • Settlement agreements
  • Director disqualification proceedings
  • Assisting with applications for permission to act as a director following disqualification
  • Preparing pre-action correspondence and documentation

She has an Undergraduate degree in Spanish and Business (BA) and has also completed a Law conversion course. Megan then went onto complete a Masters in law (LLM). She is currently undertaking the Solicitors Qualifying Examination (SQE).

Outside of work Megan enjoys walking, pilates and travelling and is a Manchester City supporter.

E: Megan.Boyle@bermans.co.uk
T: 0161 388 5660

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