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Hello!
Hello!
Welcome to the June edition of InView
Welcome to the June edition of InView
This month’s InView covers a real mix of cases and insights – from the quirky to the cautionary. We kick off with a tribunal case that saw an NHS worker awarded nearly £30,000 after being compared to Darth Vader – a reminder of how protected disclosures can unexpectedly become the basis of whistleblowing detriment claims.
We also dive into the legal nuts and bolts of remote working – exploring flexible working requests, the risks of home-based health and safety, and how to avoid GDPR pitfalls when monitoring remote teams.
Other highlights include a key case on dismissing disabled employees for misconduct (and when that’s lawful), and a TUPE decision that brings welcome news for employers about vicarious liability not transferring.
As always, we’ve picked out the practical takeaways to help HR navigate the risks with confidence.
Drop us a line if you have any questions or need any support
Until next month,
Jen
We also dive into the legal nuts and bolts of remote working – exploring flexible working requests, the risks of home-based health and safety, and how to avoid GDPR pitfalls when monitoring remote teams.
Other highlights include a key case on dismissing disabled employees for misconduct (and when that’s lawful), and a TUPE decision that brings welcome news for employers about vicarious liability not transferring.
As always, we’ve picked out the practical takeaways to help HR navigate the risks with confidence.
Drop us a line if you have any questions or need any support
Until next month,
Jen
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New Case Law
New Case Law
Disabled employee was fairly dismissed for misconduct despite some aspects of his poor behaviour being found to have arisen from his disability
Employers must balance supporting disabled employees with addressing misconduct. Poor behaviour linked to a disability does not prevent lawful dismissal if the action is a proportionate means of achieving a legitimate aim. Medical evidence and engagement in the process are key factors.
Tribunal right to conclude it had jurisdiction to hear claims of new reporter who worked in Asia and UK for US new outlet
Employment tribunals may have jurisdiction over overseas employees when a strong UK connection exists. Location, role changes, and reporting lines are key factors. This has important implications for employers managing global teams.
Tribunal awards NHS worker nearly £30,000 in compensation for whistleblowing detriment including a comparison to Darth Vader
A recent tribunal decision highlights how even light-hearted conduct during team activities can cross a line. Particularly when sensitive workplace issues are in play.
Tribunal should have taken a contextual approach when considering whether Claimant had done a ‘protected act’
When assessing victimisation claims, it’s not just about what was said — but what was meant and understood. If an employee raises concerns about unfair treatment, tribunals will look at the full context to decide whether it amounts to a protected act under discrimination law. Employers must be alert to the broader picture.
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Latest News
Latest News
Remote Work Realities: Legal and operational risk
Remote Work Realities: Legal and operational risk
As remote roles become increasingly common, employers should remain mindful of key issues including contractual clarity, performance management, health and safety, and data protection obligations.
Vicarious liability for negligence committed towards a third party prior to a TUPE transfer does not pass to the transferee
Vicarious liability for negligence committed towards a third party prior to a TUPE transfer does not pass to the transferee
When a business or service transfers to a new employer, employees usually transfer too. However, any legal responsibility for employee actions before the transfer—like negligence—stays with the original employer. This means the new employer isn’t liable for things that happened before they took over.
Top tips for getting redundancy selection criteria right
Top tips for getting redundancy selection criteria right
Fair redundancy selection criteria are vital to reduce legal risk. Use clear, objective measures, adjust for disability and pregnancy absences, and guard against hidden discrimination.
Mistaken belief and dismissal
Mistaken belief and dismissal
A genuine, reasonable belief can sometimes justify dismissal – even if it turns out to be wrong. But fairness still depends on good evidence, clear procedures, and solid reasoning.
Bonuses and Maternity Leave: What HR Needs to Know
Bonuses and Maternity Leave: What HR Needs to Know
Managing bonuses during maternity leave? It’s essential to tread carefully. Ensure your schemes are clearly worded, targets are adjusted fairly, and entitlements are calculated lawfully to avoid discrimination risks. A few proactive steps now can save significant challenges later.
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Events & Training
Events & Training
Mock Investigation: Power Dynamics, Purse Strings & Third-Party Harassment - Birmingham
Mock Investigation: Power Dynamics, Purse Strings & Third-Party Harassment - Birmingham
Limited spaces left!
NEW DATES: Witness Training
NEW DATES: Witness Training
Facing an employment tribunal can feel pretty intimidating, especially for managers who’ve never done it before. The good news? A bit of preparation goes a long way.
We're running in-person Employment Tribunal Witness Training in Chester and London—and it’s all about building confidence and skills before stepping into the hot seat.
We're running in-person Employment Tribunal Witness Training in Chester and London—and it’s all about building confidence and skills before stepping into the hot seat.
HR Cheat Sheet: How to Speak the Language of Insights Discovery
HR Cheat Sheet: How to Speak the Language of Insights Discovery
Our Insights Discovery HR Cheat Sheet is your quick guide to unlocking the power of personality profiling in the workplace. Learn how adapting communication styles can strengthen collaboration, reduce conflict, and support employee wellbeing.
Perfect for HR teams looking to drive engagement and impact— download your free copy today!
Perfect for HR teams looking to drive engagement and impact— download your free copy today!
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