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Employment Law: Disability Discrimination

adrian_fryerDiscrimination arising from disability is where an employer treats an employee less favourably because of ‘something’ which results from their disability, and which can’t be justified. The Employment Appeal Tribunal has recently looked at whether it is discriminatory to discipline an employee for failing to follow an instruction they mistakenly think will exacerbate their disability.

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Employment Law: Maternity discrimination

adrian_fryerAn employer discriminates against a woman if they treat her unfavourably because she is taking maternity leave. In SW Yorkshire NHS Trust v Jackson, the employee was on maternity leave when redundancies were announced. She attended a consultation meeting and was put at risk of redundancy. Redeployment information was sent to her work email account which she was not accessing while on maternity leave. She found out about the email, contacted the employer and got the relevant redeployment forms anyway. In reality, she was not disadvantaged by the short delay but she was concerned by it.

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Employment Law: Changes to online ‘right to work’ checks

adrian_fryerThe government has made changes to the Right to Work Checking Service, which enables UK employers to check whether individuals are subject to any restrictions. From 28 January 2019, an employer will be able to rely solely on the online checks, provided the prospective employee can use the service. For employees who are non-EEA residents but have biometric residence permits or cards, and EEA nationals who have been granted status under the EU Settlement Scheme, the online checks will be enough. No additional paper documents are needed. The employer needs to check that the online photograph matches the employee and should keep a copy of the online check for at least two years after employment ends. If the person is a student, the employer must also keep records of the course’s term and vacation dates.

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Employment Law: Constructive dismissal

adrian_fryerIn order to suspend an employee fairly, an employer must have reasonable and proper cause for doing so. If not, suspension could breach the implied term of mutual trust and confidence and create a constructive dismissal. In London Borough of Lambeth v Agoreyo, the Court of Appeal looked at the decision to suspend a teacher and whether it resulted in the employee being constructively dismissed.

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Employment Law: Disciplinaries and criminal proceedings

adrian_fryerIn professional misconduct cases, a criminal investigation often sits alongside a disciplinary investigation. Employers do not want to wait for the outcome of the criminal case before concluding disciplinary proceedings, especially when the employee is suspended on full pay. The Court of Appeal looked at this issue in North West Anglia NHS Trust v Gregg, in a case involving a doctor.

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Employment Law: Are you managing your millennials properly

adrian_fryerAre you managing your millennials properly? Natalie Salunke, Head of Legal, Europe at Fleetcor, and a millennial herself, has written an article on this topic. ‘Millennial’ is a term used to describe the generation born between the early 1980s and the late 1990s. Whilst recognising that everyone is different, Ms Salunke offers her views on how to get the best out of millennials at work.

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