Employment Law News
Can a prospective employer be liable for disability discrimination by relying on a discriminatory reference to withdraw a job offer? Yes, according to the following decision which shows the potential adverse consequences for employers and prospective employers when a job offer is withdrawn as a result of a negative reference motivated by the applicant’s disability related absences.
In a decision which demonstrates the low threshold for claimants who bring claims for discrimination arising from disability, an employee who was dismissed because her employer genuinely, albeit mistakenly, believed that she was falsely claiming to be ill suffered discrimination arising from disability.
Is it ever acceptable to send lewd emails? Probably not, but in the next case the court ruled that an employer was not justified in treating as gross misconduct the fact that its employee e mailed a lewd Christmas card.
In another example of how misconduct in an employee’s private life can lead to dismissal, a solicitor, and avid Chelsea fan, has been dismissed because of his comments on YouTube in which he called Liverpool fans 'Scouse scum' who should 'crawl back to their horrible Merseyside homes'.
An ET decided that an employer did not discriminate on grounds of disability and met its duty to make reasonable adjustments when it withdrew a conditional job offer over safety concerns about a job applicant's epilepsy.