NEWS

Did you know neurodiversity claims are on the increase?

This is likely to be because of increased awareness and perhaps a willingness of those who feel they are treated less favourably to stand up for their rights. There are no official figures, but a recent study suggests a 40% rise in claims relating to autism, a 31% rise in Asperger’s cases and a 14% […]

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COVID-19 and automatic unfair dismissal

There was much speculation during the pandemic that we would see cases brought for automatic unfair dismissal where employees refused to work in circumstances where they considered there was a risk to health and safety. Thus far we have not seen many but here is one …. The EAT held in Rodgers v Leeds Laser […]

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What if an employer fails to make reasonable adjustment during the dismissal process; does that mean the dismissal itself is unfair?

What if an employer fails to make reasonable adjustment during the dismissal process; does that mean the dismissal itself is unfair? The answer, on the facts of the case, is no according to Knightley v Chelsea & Westminster Hospital NHS Trust. In summary – A disabled employee who was dismissed under the capability procedure was […]

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Statutory sick pay – a quick reminder

Since 10 December 2021, a fit note has not been required unless an employee is off work for more than 28 days, up to and including a sickness start date of 26 January 2022 . This is a temporary change to the usual 7-day rule, to allow GPs to prioritise the COVID-19 booster campaign. Astons Solicitors 24th January […]

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Coronavirus – Adjustment Right to Work Checks Extended

Temporary changes were previously put in place to the process for checking individual rights to work in response to the global pandemic. More specifically, it has been difficult to carry out the traditional in-person checks due to social distancing. Measures were introduced on 30th March 2020 to temporarily allow employers to conduct right to work […]

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Unfair Dismissal – Consideration of Furlough as Alternative to Redundancy

We are now starting to see cases arising out of furlough leave. Two recent cases of Mhindurwa v Lovingangels Care Limited ET/3311636/2020 and Handley v Tatenhill Aviation Limited ET/2603087/2020 have been published. They provide helpful guidance on making redundancies during the operation of the Coronavirus Job Retention Scheme (CJRS). In the case of Mhindurwa, it […]

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