Case Digests

 

Recent Cases

Affirmation of contract: context, and evidence, is all

An employee who signed a new contract following her employer’s breach of her original contract has had her constructive dismissal claim reinstated and sent back to the tribunal to consider the unchallenged evidence that she had only continued to work in her demoted role under protest.
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Novakovic v Tesco Stores Ltd
 

Illegal variation of staff handbook in relation to absence management procedures

An absence management policy in a staff handbook had been incorporated into employee’s contracts and the employer could not unilaterally change the terms of the policy despite a variation clause seeming to give it the power to do so. 
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Sparks v Department for Transport
 

Contacting absent and sick employees

An employee was constructively (and unfairly) dismissed when her employer wrote to her while she was off sick for work-related stress, raising performance issues which weren’t serious or urgent.
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Private Medicine Intermediaries Ltd v Hodkinson
 

A disclosure of ‘information’ may be an allegation as well

To be protected by the whistleblowing provisions in the Employment Rights Act 1996 there must be a disclosure of ‘information’ - but that disclosure may also include allegations.
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Kilraine v London Borough of Wandsworth
 

Disciplining employee for imposing religious views wasn’t discriminatory

An employer’s decision to discipline a Christian senior manager for imposing her religious views on a Muslim junior employee was neither direct discrimination nor harassment. The tribunal hearing the case had correctly drawn a distinction between instances where religion is the reason for the treatment and where it is merely the context.
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Wasteney v East London NHS Foundation Trust
 

Imputing knowledge of disability

The dismissal of an employee was not direct disability discrimination as the decision maker did not know that he was disabled. The knowledge of the employer’s OH adviser in relation to the employee’s disability could not be imputed to the decision maker in the disciplinary process. 
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Gallop v Newport City Council
 


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