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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
Many employers, across industries, are facing an increase in sexual misconduct and harassment allegations from complainants emboldened by the #metoo movement. Historic complaints are also being revisited as organisations ‘face up’ to situations that could perhaps, with hindsight, have been handled better.
This question can pose real problems for employers, particularly where individuals are performing different types of work. However, the EAT has recently passed down a helpful judgement, which provides some guidance.
The case of Ali v Torrosian and others (t/a Bedford Hill Family Practice) serves as a reminder to employers that the dismissal of employees with long-term medical conditions amounting to disability should be the last resort and less discriminatory alternatives should be considered first.
Mr Patel was an assistant working for Folkestone Nursing Home. His contract of employment incorporated an employee handbook which contained a contractual right to lodge an appeal in the case of any disciplinary action taken against him.
Facing any accusation of misconduct at work is difficult, but allegations of sexual misconduct are particularly distressing. Such complaints not only have an impact on your professional life, but by their very nature can affect your personal and family life too.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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