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Employment Law Case of the Week
Perth & Kinross Council v Gauld UKEATS/0046/13/JW
Dismissing someone on the grounds of unreasonable behaviour was found to be unfair as further medical evidence was not obtained to assess whether the cause of the behaviour was post traumatic stress
The claimant returned to work following a period of absence after suffering with cancer. The respondent had cause to speak to the claimant about her performance. The claimant made a series of complaints against the respondent which she later withdrew as they were unfounded. The respondent dismissed the claimant for gross misconducted saying that there was a breakdown of trust and confidence between herself and her Manager, this was later amended to dismissal with notice following appeal. The claimant defended her case saying that her behaviour was as a result of post traumatic stress following her cancer and her clinical psychologist confirmed this in a medical report to the respondent. The respondent did not accept this was the case saying that the medical report was objective. The ET found that the dismissal was unfair due to the respondent not seeking their own medical evidence to assess whether anything could have reasonably been done to repair the relationship between the claimant and respondent on the basis of the claimant's alleged medical condition.
For full details of the case click here
Topic of the Week
With the current Ebola outbreak making news headlines, Employers may be considering what steps can and should be taken in the event that an Employee has recently travelled to an area that is experiencing a significant rate of infection. The World Health Organisation has stated the "risk of a tourist or businessperson becoming infected with Ebola virus during a visit to the affected areas and developing disease after returning is extremely low, even if the visit included travel to the local areas from which primary cases have been reported." Nevertheless, Employers understandably want to ensure a safe workplace.Read more... Link
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Employment Tribunal Awards
Until 1999 the statutory maximum limits on monetary awards, which employment tribunals could make, were fixed on a somewhat haphazard and irregular basis. This has now been changed. The Secretary of State must now make annual orders to index-link most maximum limits by reference to changes in RPI for September, up or down, in each year.
The amount of compensation awarded following an employment tribunal will depend on the nature and outcome of the case.
The proposals in the Government's 2006 White Paper on Personal Accounts, the aim of which is to introduce "soft compulsion" into workplace pension provision, are now coming to fruition. On 27 October 2010 the Pensions Minister, Steve Webb, confirmed that the Government would proceed with implementing the reforms set out in the Pensions Act 2008 and accompanying regulations, subject to the relatively minor changes recommended by an independent review of the proposed regime.
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