Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
16 April 2015
Legal update: When is an employer deemed to have constructive knowledge of a disability?
This point was addressed in the recent case of Donelien v Liberata UK Ltd. The employee had a very poor attendance record and cited as reasons for her absence a plethora of different conditions, ranging from viral infections to wrist pain to stress and anxiety. Liberata referred her to its Occupational Health service. Occupational Health, on two occasions, failed to address the specific questions Liberata put to it, and Liberata did not follow up further. However, Liberata did conduct a number of return to work meetings, engaged with the employee regarding the reasons for her absence and reviewed correspondence from the employee’s GP. The employee was dismissed for unsatisfactory attendance.
16 April 2015
Legal update: Will successful claimants be entitled to a 10% uplift on any injury to feelings compensation they are awarded?
It has long been accepted that the Vento guidelines, which were later updated in Da’Bell, should be used in assessing the level of injury to feelings awards in relation to discrimination cases brought in the Employment Tribunal. However in the case of Simmons v Castle, the Court of Appeal held that the level of general damages in certain types of claims should be increased by 10% after 1 April 2013. So does this principle apply to injury to feelings awards made by the Employment Tribunal?
16 April 2015
Legal update: When is an employer deemed to have constructive knowledge of a disability?
This point was addressed in the recent case of Donelien v Liberata UK Ltd. The employee had a very poor attendance record and cited as reasons for her absence a plethora of different conditions, ranging from viral infections to wrist pain to stress and anxiety. Liberata referred her to its Occupational Health service. Occupational Health, on two occasions, failed to address the specific questions Liberata put to it, and Liberata did not follow up further. However, Liberata did conduct a number of return to work meetings, engaged with the employee regarding the reasons for her absence and reviewed correspondence from the employee’s GP. The employee was dismissed for unsatisfactory attendance.
16 April 2015
Legal update: Diet-controlled type 2 diabetes is not automatically a disability
In Metroline Travel Ltd v Stoute, the Claimant argued that because he suffered from Type 2 diabetes, he was automatically disabled for the purposes of the Equality Act 2010. The Tribunal accepted the Claimant’s argument and the Respondent appealed to the EAT.
31 March 2015
Public holidays - treating part-time employees fairly
Public holidays can be very tricky when trying to work out part-time and casual staff's wages fairly, so here is a quick guide to do some of the work for you.
This blog was first published on www.growthbusiness.co.uk.