Pregnancy and maternity under Equality Act 2010

Summary Equality Act protection for pregnancy discrimination is wide. For example, it is not an excuse that the woman was taken on to tempor...

Importance of employer’s thought processes in claim under s.15 EqA

Tribunals deciding whether unfavourable treatment was ‘because of’ something arising from disability under s.15 EqA should norma...

Is a one-off decision subject to the reasonable adjustment duty?

The Court of Appeal held that a one-off decision can sometimes be a ‘provision, criteron or practice’ (PCP) subject to the reaso...

Grievance and disciplinary procedures

Summary From April 2009 a more flexible ACAS Code of Practice has replaced the strict rules which previously applied. Even so, failure to fo...

Good practice guide: Fitness to attend capability and disciplinary interviews

Good practice guides are meant as general guidance for practitioners to help them comply with the law and good practice, rather than explain...

Whether to raise complaints against ill worker

The worker’s health may be relevant not only to how disciplinary proceedings are handled but also whether complaints should be brought at al...

Is the worker fit to attend?

Summary In an increasing number of cases, employees accused of misconduct go absent with stress, and submit that they are too unwell to atte...

Adjustments to the meeting

Where OH is asked whether a worker is fit to attend a hearing, OH should consider what adjustments could be made to the hearing to help it p...

Fitness to attend hearing

What this Topic deals with This Topic deals with the common scenario where an employee goes absent with ‘stress’, ‘anxiety’ or ‘depression’,...

Choice of companion at investigatory hearing

In Stevens v University of Birmingham, the High Court has held that on the facts it would breach the contractual duty of mutual trust and co...