When does an employer have constructive knowledge of disability?
Does the failure to give a dismissed employee a right to appeal against that dismissal make it unfair?
In 2002 the European Court of Human Rights decided the case of Wilson v UK and found that UK trade union legislation was contrary the Article 11 of the European Convention on Human Rights - in particular, at paragraph 48 of Wilson the ECHR found that by permitting employers to use financial incentives to induce … Continue reading Court of Appeal Restricts Effectiveness of Trade Union Negotiation
In order to make a valid unfair dismissal complaint an employee needs to begin the employment tribunal claims process (nearly always by starting the ACAS Early Conciliation process) within three months of their effective date of termination (EDT). Therefore, establishing what the EDT is among the primary duties of any union rep when advising whether … Continue reading The Effective Date of Termination (Dismissal)
I have discussed the right of accompaniment on this blog before in the context of the worker's right under section 10 of the Employment Relations Act 1999. One component of that right is an explicit right that if a worker's chosen companion at a formal grievance of disciplinary meeting is unavailable then the worker can … Continue reading The Right to Accompaniment and Unfair Dismissal
In 2017 the extremely important Supreme Court decision of Essop v Home Office was determined that clarified and to some extent, simplified indirect discrimination law for all UK workers. The issue in the case was it is alleged that the Home Office's internal staff promotion policy place workers over the age of 35 and workers … Continue reading Home Office in £1 Million Discrimination Payout
Just over a year ago the Employment Appeal Tribunal issued its decision in Lofty v Hamis t/a First Café and in its wake there was a lot of online discussions about whether precancerous conditions come within the deemed disability provisions of the Equality Act 2010. Normally, in order to be a disability for the purposes … Continue reading Pre-Cancer
Mary is a typist, a role she has done for many years. After over ten years with a company she took the plunge and joined a new employer four months ago because they offered a higher salary. However, a few weeks after starting her role she had an unfortunate accident at home and she broke … Continue reading Can a temporary ailment be a Disability?
The Data Protection Act 1998 allows any person to request a copy of the personal information an organisation holds on them, this includes a request from an employee to their employer. Making such a request is termed a 'subject access request'. Once an employer receives such a request they must - subject to a few … Continue reading Unfair Dismissal because of Subject Access Request failure
I have written before about the problem of whether one should appeal when an employee has been procedurally unfairly dismissed because of the risk of the appeal upholding the dismissal and remedying the breaches. The problem is that sometimes an unfair dismissal is turned into a fair one thereby depriving the employee both of the … Continue reading Defective Appeal
Michael Reed is a solicitor and principal legal officer for the Free Representation Unit (the FRU). I should say at the outset that I have immense respect for the work of the FRU (and if you can, I would encourage you to support them). As a union rep I have also referred cases to FRU … Continue reading There is Power in a Union