A little knowledge is dangerous – awareness of the consequences of a disability not required for discrimination "arising from" disability
In City of York Council v Grosset, the EAT decided that the employer did not need to know that the reason for dismissal arose from the claimant's disability in order to be liable for discrimination "arising from" disability.
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Too much of a coincidence – employee's resignation was not in response to employer's breach
The EAT in Ishaq v Royal Mail Group found that the employee had resigned to avoid disciplinary proceedings, not in response to his employer's fundamental breach of contract. That meant he could not bring a constructive unfair dismissal claim.
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Handbags at dawn? Gross misconduct dismissal for physical violence without considering background was unfair
A Tribunal decision that a dismissal for gross misconduct was unfair was confirmed by the EAT in Arnold Clark Automotives Ltd v Spoor. By refusing to consider all the surrounding circumstances and the claimant’s long exemplary disciplinary record, the employer had failed to exercise its discretion as to whether to dismiss.
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Upcoming events on employment law developments in 2017 and on social mobility
We are holding a 30 minute webinar on Wednesday 18 January at 13.00, discussing what we can expect in employment law in the year ahead, including gender pay gap reporting, reviews of the modern world of work and key cases to watch for in the courts. Please click here to register for the webcast.
We are also hosting a breakfast seminar on Tuesday 17 January – Expanding your talent pool and improving social mobility – an impossible dream? This will be a panel discussion on increasing the social diversity of talent pools, led by Rare Recruitment, a multi-award winning diversity company. Rare will give a practical demonstration of its Contextual Recruitment System, which enhances recruitment processes from a social mobility perspective. The session will be of interest to those who recruit at a graduate level or to anyone with an interest in social mobility in recruitment. For more detail and to register please click here.
