Employment Law News
Although originally developed as a means of enabling employees to complain of constructive dismissal when faced with oppressive behaviour by employers, the implied duty of trust and confidence is now used to regulate conduct on both sides.
Following a survey by AXA PPP Healthcare in which nearly 70% of employers said they were more likely to accept back pain than depression as a valid reason to take time off work, an employment tribunal has upheld a complaint that a comment to an employee suffering with depression that “everyone gets depressed sometimes, you just have to pull yourself together” amounted to discrimination arising from disability.
Can an employer contact an employee on sick leave without risking a claim for constructive dismissal?
How should the fairness of a dismissal of an employee for deliberately exaggerating the extent of his illness be assessed?
The use of an age-specific nickname for an employee can amount to harassment on grounds of age if it has the effect of creating a degrading, humiliating or offensive work environment for that employee, even if there is no intention to do that.