In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) tackled the thorny issue of applying sickness absence criteria in redundancy selection to disabled employees at risk of redundancy.
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.