HR Update: suspension, religious discrimination, unfair dismissal and challenging previous disciplinary warnings
Jack Harrington
16/04/2019

What’s new
This month we look at non disclosure agreements, a proposed extension to the off payroll working regime, new guidance on addressing the gender pay gap, and the new limits for tribunal compensation. Read more >

Case law review

Does a suspension have to be necessary?
In the case of Agoreyo v London Borough of Lambeth, the Court of Appeal held that the suspension of a teacher in the context of a misconduct investigation did not amount to a fundamental breach of contract. Read more >

Previous warnings in unfair dismissal claims
In Beattie v Condorrat War Memorial Social Club, the Employment Appeal Tribunal considered whether the fairness of a previous final written warning could be re-examined as part of an unfair dismissal claim. Read more >

Asserting a ‘future’ breach of a statutory right cannot be the basis of an automatically unfair dismissal claim
In Spaceman v ISS Mediclean Ltd (t/a ISS Facility Service Healthcare), the EAT gave guidance on the scope of the protection from dismissal afforded to someone who has asserted a statutory right. Read more >

Pannone Academy!

Pannone Academy offers a range of employment law and HR courses designed to help companies ensure they operate within the law, with a clear focus on prevention rather than cure. More details can be found online at https://www.pannoneacademy.com/

Dismissal due to employer’s religious belief was not direct discrimination
In Gan Menachem Hendon Limited v De Groen the Employment Appeal Tribunal found that less favourable treatment due to the religion of the employer was not direct discrimination, and considered whether it made a difference that both employer and employee were of the same religion. Read more >

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