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The latest news from Lighthouse

30th January 2017

Progressive Conditions and Disability

In a recent case, the Employment Appeal Tribunal (EAT) considered the question of whether type 2 diabetes could amount to a disability under the Equality Act 2010. The Act states that a person has a disability if they have a physical or mental impairment and the impairment has a substantial and long-term adverse effect on […]

1st December 2016

Procedural Failings and Unfair Dismissal

The Employment Appeal Tribunal (EAT) has held that a dismissal for allegations of gross misconduct was unfair in circumstances where there had been serious procedural failings. In this case, the employee had been employed for 14 years as a healthcare assistant and a patient made a complaint against her. The patient gave descriptions of the […]

9th November 2016

Decision on Holiday Pay and Commission Upheld

In 2015, an important decision was handed down in the Employment Appeals Tribunal relating to the calculation of statutory holiday pay. Under the Working Time Directive, which is an item of EU legislation, there are minimum periods of paid annual leave which must be given. However, there is no guidance on how holiday pay should […]

5th October 2016

Second Quarter Tribunal Statistics for 2016

The Ministry of Justice published the tribunal statistics bulletin early in September for the period April – June 2016. The bulletin is published quarterly and reports on important information relating to tribunals. In 2013 fees were imposed for those making applications to the employment tribunal and this has had a significant impact on the number […]

4th August 2016

Unfair dismissal and disclosure of relationships

The Court of Appeal has upheld the decision of an Employment Tribunal in respect of an unfair dismissal claim involving a head teacher who did not disclose her relationship with a sex offender. The school had dismissed the Head Teacher for misconduct on account of the non-disclosure. The Head Teacher and the convicted sex offender […]