HR Update: handling a disciplinary investigation in parallel with criminal proceedings, reasonable adjustments for disabled employees, dismissing employees on long term disability benefit
Jack Harrington

What’s new

This month we look at changes to the apprenticeship levy, new legislation under the Good Work Plan, the updated Home Office Code of Practice on the prevention of illegal working, and the latest ET statistics. Read more

Case law review

Discrimination by mistake? In the recent case of iForce Ltd v Wood, the EAT considered a claim of disability related discrimination arising out of the claimant’s mistaken belief that her working conditions were damaging her health. Read more

Disciplinary hearings and police investigations In North West Anglia NHS Trust v Gregg the Court of Appeal found that an employer does not need to wait for a police investigation to conclude before chairing a disciplinary hearing. Read more

Reasonable adjustments In the recent case of Linsley v HMRC the EAT considered the issue of reasonable adjustments with reference to the provision of a dedicated parking space for a disabled employee. Read more

Dismissing an employee on long term disability benefit In ICTS (UK) Limited v Visram the EAT decided that accordingly to the wording of the relevant policy an employee was entitled to compensation for loss of entitlement to benefits under a permanent health insurance policy despite the fact he might be fit to carry out other full-time duties. Read more

Explaining away discrimination In Iwuchukwu v City Hospitals Sunderland NHS Foundation Trust the Court of Appeal rejected an argument that a complete, non-discriminatory explanation for the Trust’s actions excluded the possibility of a successful discrimination claim. Read more

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