Disability discrimination and relying on occupational health reports

Fundamentally, employers will always – to some extent at least – need to rely upon the knowledge of others when deciding how to act in relation to employees with disabilities. Read more…

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Posted on Oct 22nd, 2019 by Lyons Davidson

Dismissal for capability

The question of when an employee with a long-term disability related absence can be dismissed for capability is always a difficult one for employers and involves a careful balancing act Read more…

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Posted on Oct 15th, 2019 by Lyons Davidson

Employment status update: the right to substitute

Employment status is currently a true hot-button topic for consideration. The Uber and Deliveroo cases, along with Pimlico Plumbers, have raised the question now, more so than ever, as to Read more…

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Posted on Oct 1st, 2019 by Lyons Davidson

Positive discrimination, proportionality and justification

In Z & Anor, R (On the Application Of) v London Borough of Hackney & Anor [2019] EWCA Civ 1099, the Court of Appeal upheld the divisional court’s decision that, Read more…

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Posted on Sep 24th, 2019 by Lyons Davidson

Law thoughts: constructive dismissal – have you been forced to resign?

Photograph of A-board reading: Constructive Dismissal - have you been forced to resign?

Many employees can often feel that the workplace they’re in causes stress through many factors that ultimately result in them feeling entitled to resign. However, what many people don’t realise Read more…

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Posted on Sep 6th, 2019 by Lyons Davidson

Law thoughts: Contacting Acas before going to an employment tribunal

law thoughts: subsidence

Many employees and employers can feel lost when disputes arise between them. ‘How do I get things sorted?’ they ask. ’What are my rights?’ And ‘Is there anyone who can Read more…

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Posted on Jul 25th, 2019 by Lyons Davidson

Biggest increase to the national minimum wage introduced

ncrease to the national minimum wage introduced

The national minimum wage was first introduced on 1 April 1999 by the Labour Party. The National Minimum Wage Act 1998 applies to workers who are over 16, including part-time Read more…

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Posted on Apr 4th, 2019 by Lyons Davidson

Law thoughts: Statutory Adoption Leave is 52 Weeks

Statutory Adoption Leave

Stats from Coram BAAF, the membership organisation for professionals, foster carers and adopters, say that 3,820 children were adopted from care in England in the year ending 31 March 2018, Read more…

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Posted on Feb 27th, 2019 by Lyons Davidson

Cumulative breach of contract and unfair dismissal

Cumulative breach of contract and unfair dismissal

In Kaur v Leeds Teaching Hospitals NHS Trust [2018], the Court of Appeal clarified the law relating to affirmation in relation to constructive dismissals where a claimant relies on a Read more…

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Posted on Jan 8th, 2019 by Lyons Davidson

Can legal privilege be claimed for conversations overheard in public?

Can legal privilege be claimed for conversations overheard in public?

This was one of two questions explored in the Employment Appeal Tribunal decision of X v Y Limited [2018]. In addition to the matter of legal privilege, the other question Read more…

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Posted on Dec 18th, 2018 by Lyons Davidson

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