Employee-favourable
2004
Once your employer knows you've struggled with stress, its responsibility to check on you continues after you return to work.
Employee-favourable
2004
A failure to make reasonable adjustments for a disability can breach both the Equality Act and your employment contract, giving you a potential discrimination claim and a constructive dismissal claim at the same time.
Employee-favourable
2004
If a disability prevents you from doing your job, your employer may have a legal obligation to redeploy you to a suitable vacancy without requiring you to compete against other candidates.
Employee-favourable
2004
Raising a grievance does not, by itself, put you and your employer in dispute, so a meeting your employer calls "without prejudice" is not automatically protected if your grievance has not genuinely been dealt with first.
Employee-favourable
2004
You can only be fairly dismissed for the specific charge put to you, so pin down exactly what you are accused of.
Employee-favourable
2004
Threatening dismissal outside a fair process can itself breach your contract.
Employee-favourable
2003
Where the nature of a disability is not straightforward, the duty to make reasonable adjustments can require an employer to carry out a proper assessment before deciding what to do.
Employee-favourable
2002
Raising a concern about a breach of your employer's legal obligations can be a protected disclosure, but since 2013 it must have a public interest element beyond your individual situation.
Employee-favourable
2002
If the discrimination you experienced was part of a pattern over time, the time limit for your claim may run from the most recent act rather than from each individual incident.
Employee-favourable
2002
If you were publicly humiliated, persistently undermined, or treated in a way that destroyed the working relationship, you may be entitled to resign and claim constructive dismissal. There is no minimum level of severity required.
Employee-favourable
2002
In a whistleblowing claim, the clock runs from when your employer subjected you to detriment, not from when you made your disclosure.
Mixed
2002
When deciding whether someone is disabled under the Equality Act 2010, the law asks what the condition stops them doing, not what the condition is called. A diagnosis is not required.
