Included in this issue: Stress and mental impairments - blurred lines; Dismissal following reliance on mobility clause in redundancy situation was unfair; Dismissal decided by reference to history of expired warnings and future expectations was fair and more...
Stress and mental impairments: blurred lines
The requirement for a mental impairment to be clinically well recognised for disability discrimination claims was removed 11 years ago. However, it remains difficult to determine whether employees suffering from "stress" or "work-related stress" qualify for protection under the Equality Act 2010. In an article produced for ELA, Annabel Mackay considers the case of Herry v Dudley Metropolitan Council, in which the EAT provides useful guidance on where the line might be drawn.
Dismissals following reliance on mobility clause were on the grounds of conduct and unfair
In this case, the employer succeeded in an argument that two employees who refused to move offices upon a workplace closure were dismissed by reason of conduct and not redundancy. However, the dismissals were ultimately held to be unfair.
Dismissal decided by reference to history of expired warnings and future expectations was fair
The dismissal of an employee was held to be fair where the employer had made clear that its decision was driven by the overall disciplinary record of the employee, including expired warnings, and its reasonable belief that there would be future conduct issues.
Disability discrimination: is type 2 diabetes is a progressive condition?
Medical evidence is often a crucial resource in disability discrimination claims, but the importance of the quality of the evidence and asking medical experts the right questions was demonstrated in the recent case of Taylor v Ladbrokes Betting and Gaming Ltd.
Whistleblowing: reasonable belief in breach of legal obligation required
In Eiger Securities v Korshunova, the EAT held that the Tribunal had erred in finding that the Claimant reasonably believed her employer had breached a legal obligation for the purposes of the protected disclosure test.
Government responds to inquiry into pregnancy and maternity leave discrimination
The Government has published its response to the House of Commons Women and Equalities Committee report on pregnancy and maternity discrimination. Although many recommendations were rejected, the Government has committed to consider further and bring forward proposals to ensure that the protections in place for those who are pregnant or returning from maternity leave are sufficient.
Gender pay gap reporting: is your business up to speed?
The gender pay gap reporting regime is fast approaching. In the last few days, draft guidance for employers has been published by the GEO and Acas. Now is the time to take stock and ensure you are fully prepared as a failure to comply could result in reputational damage and scrutiny by the Equality and Human Rights Commission. We have been working with many businesses to help them get ready to comply with the regime. Here we outline some of the ways we can help your business.
