Equality , Managing absence and capability , Termination

2 July 2021 Summary The Employment Appeal Tribunal (EAT) has decided that the Employment Tribunal had erred in law by relying on irrelevant medical records in a disability discrimination claim, and for not considering the claimant's challenge to the respondent’s justification defence. Law The Equality Act 2010 provides protection against unlawful discrimination, harassment and victimisation for the protected characteristic of disability. The core definition of ‘disability’ is a physical or…

Equality , Managing absence and capability , Termination

29 January 2021 Summary The Employment Tribunal (ET) has decided that an NHS receptionist, who was dismissed after telling her employer that she was scared to work in a public-facing role, was unfairly dismissed. Law To avoid a claim for unfair dismissal an employer must have: a potentially fair reason to dismiss acted reasonably in treating this reason as sufficient to justify dismissal followed a fair procedure. In order to bring an unfair dismissal claim the employee must show that…

Equality , Managing absence and capability

The Employment Appeal Tribunal (EAT) has ruled that an employment tribunal (ET) was right to rely on medical evidence from a GP when it was contradicted by the claimant in a discrimination claim. Under the Equality Act 2010, a person, (A), discriminates against a disabled person (B), if A treats B unfavourably because of something arising in consequence of B’s disability and cannot show this treatment is a proportionate means of achieving a legitimate aim. For example, if an organisation…

Managing absence and capability , Termination

Employment Appeal Tribunal - December 2013 An employee claimed unfair dismissal after depression and anxiety caused him to be off work for 12 months and the local authority terminated his employment because of his continued absence.   Deciding whether to dismiss an employee is a finely balanced and difficult decision, particularly where the reason is linked with ill-health. Thankfully, a Scottish Court of Session case has provided some welcome clarity for employers who are unsure of how…

Managing absence and capability

Employment Appeal Tribunal - September 2013 A store manager was dismissed for taking a long lunch break to watch a football game. When his appeal against the dismissal failed, he claimed unfair dismissal. The tribunal decided the main reason for his dismissal was the employer's belief that he had lied, and ruled that the sanction of dismissal was not within the range of reasonable responses. The employer appealed and the EAT disagreed with the tribunal’s reasoning, remitting the case to a…