Tag Archives: court of appeal

UK Court rejects employer’s reliance on inadequate disability opinion

Your employee is sick a lot, mostly stress and related issues.  Keen to respect your statutory obligations if you have any, you repeatedly ask your external Occupational Health provider if this means he is disabled.  You are repeatedly told that he is not, though without any particular depth of enquiry on your part and without … Continue Reading

Any given Sunday – UK employers’ rights to require staff to work in breach of religious preferences

The trouble with religion, as John Lennon might one day have said, is that it means different things to different people.  At one end of any religion will be those for whom their holy book, whatever name it takes, must be complied with to the letter even though it is probably thousands of years old … Continue Reading

UK Custom and Practice in Enhanced Redundancy Terms

This post is kindly written for us by Lord Justice Underhill of the Court of Appeal.  Actually, that’s not entirely (or indeed at all) true.  However, while reciting long tracts of Court Judgments is rarely a good way to make friends and influence people, his recent guidance on when enhanced redundancy terms will become contractual … Continue Reading

Upholding grievances – kill or cure?

If you make some horrible error in your treatment of an employee, how far can your addressing it swiftly prevent it becoming a constructive dismissal claim?   Two quite similar stories in the law reports shed some light on this.  In 2010 the Court of Appeal concluded in Bournemouth University Higher Education Corporation –v- Buckland that … Continue Reading
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