Case Digests

 

Recent Cases

Employer properly exercised its discretion when awarding lower bonus

An employer had exercised its discretion rationally - and had not breached either the express or implied terms of an employee’s contract - when it awarded him a smaller annual bonus than other employees. 
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Paturel v DB Services (UK) Ltd
 

Pensions: the scope of an employer’s duty of care

An employer had a ‘duty of care’ to provide its employee with important information on the tax implications of a decision he proposed to take about his retirement benefits.
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Cherry v Police and Crime Commission of South Wales
 

Monitoring of employees’ personal communications at work

Where an employer had a ban on personal use of company equipment and an employee denied using an e-mail account for personal reasons, it was not a breach of his right to a private life for his employer to access that personal account to disprove what he was saying. This does not mean that employers have the right to look at all private communications of their staff at any time.
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Bărbulescu v Romania
 

Employee should have been told that later warning would be taken into account

Employees must be made aware where something may be a significant issue in a disciplinary decision - and be given the opportunity to make representations on it.
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Dr P John-Charles v NHS Business Services Authority
 

Verbal references and withdrawing job offer

When a job offer was withdrawn after a former employer provided a negative verbal reference this amounted to discrimination arising from a disability.
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Pnaiser v NHS England
 

Attendance management policies and reasonable adjustments for disabled employees

An employer’s duty to make reasonable adjustments for a disabled employee is capable of applying to an attendance management policy where an employee’s disability leads to (or is likely to lead to) a level of absence which a non–disabled employee is unlikely to have.
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Griffiths v Department for Work and Pensions
 


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