HR Update: whistleblowing and causation; extent of the duty to make reasonable adjustments; and justifying compulsory retirement
Pannone Corporate
28/02/2020

What’s New? This month we look at new ICO guidance on the time limit for responding to a subject access request and data protection after Brexit; new rates for statutory family and sick pay; and parental bereavement leave.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/656487_whats-new-february-2020new.pdf?dm_i=21HH,6RB6T,NK38PB,R0LO2,1

Look out next month Proposals for the new points based immigration system will take effect from 1 January 2021.

Stop Press! ACAS issues new advice for employers on the impact of Corona Virus

https://www.acas.org.uk/coronavirus?dm_i=21HH,6RB6T,NK38PB,R0NUD,1

When is a detriment caused by an act of whistleblowing? In the case of Jesudason v Alder Hey Children’s NHS Foundation Trust the Court of Appeal found that the Trust was not liable to the claimant for detriments caused to him by steps the Trust had taken to protect its reputation following the claimant blowing the whistle.   

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/656350_jesudason-v-alder-hey-nhs.pdf?dm_i=21HH,6RB6T,NK38PB,R0LO2,1

Can a compulsory retirement policy be justified? In Ewart v Chancellor, Master and Scholars of the University of Oxford, the Employment Tribunal upheld a university professor’s claims for direct age discrimination and unfair dismissal following his compulsory retirement.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/656478_retirement—-ewart-v-uni-of-oxford-new.pdf?dm_i=21HH,6RB6T,NK38PB,R0LO2,1

Grievances and reasonable adjustments In the case of Ishola v Transport for London the Court of Appeal looked at the meaning of “provision, criterion or practice” in the context of a claim about an alleged failure to make reasonable adjustments. 

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/656482_ishola-v-tfl-new.pdf?dm_i=21HH,6RB6T,NK38PB,R0LO2,1

Disability – assessing the long term effect of an impairment In Tesco Stores Ltd v Tennant, the EAT has held that for the purposes of a disability discrimination claim, a claimant must show that their condition had a “long-term effect” at the time the alleged acts of discrimination were committed. 

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/656481_tennant-v-tesco-formatted-new.pdf?dm_i=21HH,6RB6T,NK38PB,R0LO2,1

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 Pannone Academy

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