A Reminder Of The Definition Of Disability The case of Banaszczyk v Booker Ltd UKEAT/0132/15/RN provides firm guidance regarding the definition of disability.    The Claimant, Mr Banaszczyk, had been employed by Booker Ltd (wholesale warehouses) as a picker in their distribution centre since February 2008. “Picking” involved selecting cases of goods of up to…

RECRUITMENT DISCRIMINATION – THE DUTY TO CONSIDER THE FACTS The recent case of Sivanandan v Independent Police Complaints Commission UKEAT/0436/14/LA has emphasised the need to ensure that all material facts are taken into account in any employment issue, particularly before a claim is dismissed. In this case, Ms Sivanandan, a self-employed Barrister, had applied for…

DISCIPLINARY HEARINGS AFTER A PROTECTED DISCLOSURE The recent case of Croydon Health Services NHS Trust v Beatt UKEAT/0136/15/JOJ has shown that an Employment Tribunal (ET) must analyse any evidence of conduct/ disciplinary issues even where an employee has made a protected disclosure. In this case, Mr Beatt had been employed as a consultant Cardiologist until…

A round up of the latest HR and Employment Law updates and related stories. MONITORING EMPLOYEE’S COMMUNICATION AND INTERNET USE A recent case in the European Court of Human Rights (the European Court), Barbulescu v Romania [2016] ECHR 61 has reviewed the question of employers monitoring employees’ personal communications at work. Although his employer had a…

Even with years of experience and perfect policies and procedures, you might still find yourself requiring professional advice on a HR or employment law matter. Perhaps double checking something to make sure you are correctly following employment law and working in line with best practice. To a certain level, there is little need to pay for HR advice.…

A round up of the latest HR and Employment Law updates and related stories. MANAGING UNFAIR DISMISSAL – THE IMPORTANCE OF FOLLOWING PROCEDURE The recent case of Carter v Aulds Bakeries Ltd UKEATS/0018/15/SM illustrates the importance of following procedure when considering a dismissal for any reason. Mr Carter had been employed with a “clear disciplinary…

A round up of the latest HR and Employment Law updates and related stories. CUSTOMER-FACING LANGUAGE EMPLOYEE REQUIREMENTS IN 2016 The consultations have recently ended (8th December 2015) so we must now await the outcome regarding the latest English language requirements for workers. The latest Immigration Bill proposes requirements that all “customer-facing” public sector workers…