In a good example for line managers of inappropriate comments in a return-to-work interview, an employment tribunal has found that a sergeant's comments to a police officer returning to work after a stress-related absence constituted disability harassment.
Helen Almond is professional support lawyer, Nigel Cousin and Victoria Davies managing associates and Iain Naylor and Andrew Nealey associates Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal (EAT) has held that the duty to make reasonable adjustments does not extend to disregarding a final warning about attendance that is relied on when taking the decision to dismiss a disabled employee because of his or her level of absenteeism.
In Rowstock Ltd and another v Jessemey [2014] IRLR 368 CA, the Court of Appeal held that the apparent exclusion of post-employment victimisation from the Equality Act 2010 was the result of an inadvertent drafting error and that such conduct is indeed proscribed by the Act.
David Malamatenios is partner, Linda Quinn, Colin Makin and Krishna Santra are senior associates, and Dominic Speedie is an associate at Colman Coyle Solicitors. They round up the latest rulings.
Ford has successfully justified its policy of paying men on additional paternity leave the statutory minimum, while at the same time offering generous enhanced maternity pay to women on maternity leave.
In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) upheld an employment tribunal decision to recuse itself after the employment judge disclosed to the parties that she had received information from the police part-way through the tribunal hearing. The EAT went on to give guidance as to the procedure that tribunals should follow when information from third parties is provided during the hearing.
The employment tribunal held that a manager's use of bad language that included the words "Jesus Christ" and "God" did not harass a Christian employee.
The Supreme Court has held that the connection between an employee's immigration offences and the statutory civil wrong of discrimination is insufficiently close to prevent her from making a claim for pre-dismissal racial harassment.