Long Term Sick

Long Term Sickness

Rochford v WNS Global Services In this case when Mr Rochford came back from sick leave his Company did not allow him to return to his previous role and reduced his duties, however his pay remained the same. Mr Rochford subsequently refused to do any work and was dismissed by his employer for gross misconduct. An Employment…

Disability Discrimination

The recent tribunal case of  Schofield v Manchester Airport Group plc, considered the issue of disability discrimination where an employer imposes tests to ensure that staff are competent. Mr Schofield was employed by the Airport as a Security Officer.  He had dyslexia, dyspraxia, dyscalculia and dysgraphia which, together, amounted to a disability. After Mr Schofield…

Email

Monitoring Emails

A recent decision by the European Court of Human Rights (in Bărbulescu v Romania) has emphasised that where an employer monitors an employee’s emails, without communicating to the employee that it is doing so, then this will constitute a breach of Article 8 Right to Privacy.  Public Sector organisations must have clear, defined policies, setting…

suspension of employee

Suspensions

In the recent case of Agoreyo v London Borough of Lambeth, the High Court considered whether it was reasonable to suspend a teacher, to allow for a fair misconduct investigation to take place or if this constituted a repudiatory breach of the implied term of trust and confidence, therefore allowing the teacher to resign and…

Holiday Pay

Average Holiday Pay

The latest Employment Tribunal (ET) ruling in the case of Dudley Metropolitan Borough Council vs Willets, has ruled on the issue of Voluntary Overtime. It concludes that all elements of voluntary overtime must be considered when calculating average holiday pay (for the first 20 days of entitlement). Therefore, we recommend that all employers should apply Average Holiday…