HR Update: disability discrimination, giving notice of constructive dismissal, a new test for victimisation, and could a zero hours employee actually be an agency worker?
Jack Harrington
28/09/2018

What’s new

This month we look at the HMRC’s new approach to NMW enforcement after a TUPE transfer, employee monitoring, new ACAS guidance on references, and getting to grips with the menopause in the workplace. Read more

 

Case law review

A poorly handled ill-health retirement did not amount to disability discrimination

In the recent case of Dunn v Secretary of State for Justice, the Court of Appeal accepted that the claimant’s request for ill health retirement was handled poorly but this did not constitute disability discrimination.  Read more

 

Constructive dismissal – a cautionary tale

 

In the case of Brown v Neon Management Services Limited, the High Court looked at the issue of whether not one but two resignations were in fact constructive dismissals. Read more

 

Employee was an agency worker due to temporary nature of assignment

 

In the case of Brooknight Guarding Ltd v Matei, the EAT held that an employee on a ‘zero hours’ contract was in fact an agency worker based upon the temporary nature of his assignment. Read more

 

Victimisation – a change in approach

 

In the case of Saad v University Hospitals NHS Trust, the EAT has made it clear that the issue of the employee’s honesty is the primary question to be considered when considering whether an allegation of discrimination has been made in ‘bad faith’ for the purposes of a victimisation claim. Read more

 

Who to contact

Jack Harrington

Head Of Employment

0161 393 9050

jack.harrington@pannonecorporate.com

 

 

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