CLFIS (UK) Ltd v Reynolds [2015] EWCA Civ 439

Disciplinary procedures: Decisions made on manipulated facts

Two rulings have reconsidered whether the tribunals should only examine the mental processes of the person who took a disciplinary decision when deciding whether a dismissal was fair. Emma Burrows and Anna Scott report ‘Ms Jhuti’s manager had determined that she should be dismissed but the true reason should be hidden behind an invented reason.’ …

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Legal news: Employment update

Jackie Thomas rounds up the latest case law and developments affecting employers and their advisers ‘Lamb is a useful reminder of the risk that employers face by claiming not to have knowledge of an employee’s disability until they have received an occupational health report.’ When did employer have knowledge of a disability? The duty to …

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Reasons For Dismissal: Into the mind of the employer

Charles Wynn-Evans investigates how the courts and tribunals assess the reasons for an employer’s actions in dismissal and discrimination claims ‘What if the decision-maker has been manipulated into making the decision to dismiss? This was recently considered in Royal Mail Ltd v Jhuti in the context of a claim of automatic unfair dismissal by reason …

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Legal News: Employment update

Jo Broadbent rounds up recent case law and developments affecting employers and their advisers ‘The future of the “dual discrimination” provisions in the Equality Act 2010 that have not been brought into force apparently remains under consideration.’ Bans on religious symbols in the workplace – direct or indirect discrimination? Bougnaoui v Micropole SA [2016] concerns …

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