HR Update: the latest decisions on holiday pay, covert recordings of meetings, harassment as a result of social media posts, whistleblowing and discrimination based upon a perceived disability
Jack Harrington

Covert recordings of meetings not usually gross misconduct

In the case of Phoenix House Ltd v Stockman the Employment Appeal Tribunal discussed the relevant issues to be considered when an employee covertly records a meeting and whether this will always fundamentally undermine the trust and confidence between employer and employee. Read more >

Employer not vicariously liable for a Facebook post shown to a work colleague
In the recent EAT case of Forbes v LHR Airport Ltd, the court held that an employer was not liable for harassment when an employee posted a racially offensive image on Facebook which was then shown to a colleague. Read more >

Whistleblowing – Alleged breach of company policy can be a protected disclosure

In the recent decision of Elysium Healthcare No 2 Ltd v Oguniami the EAT found that a complaint made by an employee about his manager’s breach of a company policy amounted to a “protected disclosure”. Read more >

Discrimination on the basis of perceived disability

In the case of Chief Constable of Norfolk v Coffey the Court of Appeal found that a police constable with minor hearing loss had been subject to direct discrimination because of a stereotypical assumption about the impact of her condition in the future. Read more >

Pannone Academy

The case of Forbes v LHR Airport Ltd in this month’s update highlights the crucial importance of equality and diversity training for all your staff. This is a vital step in employers avoiding vicarious liability for discriminatory acts undertaken by employees. This is one of the many courses offered as part of the Pannone Academy.

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

Who to contact:
0161 393 9050
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