Employment Law News
Who takes responsibility under TUPE for an employee who is on long-term sick leave and is not expected to return to work? The Employment Appeal Tribunal (“EAT”) has upheld a tribunal decision that an employee who was on indefinite sick leave did not transfer under TUPE when there was a change of service provider.
In the next case, a teacher claimed unfair dismissal and indirect religious discrimination when she was dismissed for refusing to leave her husband after he was convicted of sex offences.
The Acas Code of Practice on Disciplinary and Grievance Procedures sets out steps that an employer should take in cases of dismissal for misconduct and poor performance. Tribunals must take it into account in determining fairness, and can also increase compensation by up to 25% if the employer has unreasonably failed to comply with the Code.
The objective of whistle blowing legislation is to protect workers from victimisation for raising concerns about wrongdoing in the workplace. As long as the worker genuinely believes that the alleged malpractice has occurred and their belief is reasonable, it does not matter that the allegation turns out to be wrong.
Is a manager expected to lead by example and submit to a test under his employer’s drug and alcohol testing policy? Yes, according to a recent case in which an employment tribunal ruled that an employer fairly dismissed a manager who refused to take a drugs test.