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Office Worker’s Mild Visual Impairment ‘Not A Disability’

The definition of ‘disability’ has been the subject of much legal debate ever since the Equality Act 2010 came into force. However, an Employment Tribunal (ET) has shed some much-needed light on the issue in a case concerning a visually impaired office worker. The woman had worn spectacles since childhood and her eyesight had deteriorated with age. She had...

Were You Dismissed Or Did You Resign? Context is King

Before accepting an employee’s resignation, it is crucially important to be certain that that is their true intention. In one case, an Employment Tribunal (ET) found that a letter in which a woman asked her manager to ‘please accept one month’s notice’ was ambiguous and did not amount to a resignation. The woman, who was employed by an NHS trust, was not...

Discriminated Against? You Can Be Compensated for Injury to Your Feelings

If you suffer discrimination in the workplace you can be compensated for injury to your feelings as well as for your financial losses. A £12,000 award was made under that head in one striking case in which a woman was told that she was being made redundant on the same day that she put in a request for maternity leave. The woman, who had a senior managerial role...

Social Housing Company Cleared of Age Discrimination

In the context of a redundancy process in which workers competed with each other to keep their jobs, it was reasonable for the employer to expect that each of them would look after their own interests. An Employment Tribunal (ET) so ruled in clearing a social housing company of age discrimination. The case concerned two men, aged in their sixties, who had worked...

Football Club Assistant Manager Unfairly Dismissed Tribunal Rules

Disciplinary proceedings are a source of anxiety for any employee and, if they are allowed to drag on for too long, that in itself can be unreasonable. An Employment Tribunal (ET) made that point in awarding substantial compensation to the former assistant manager of a football club who was unfairly sacked. The man had been accused of verbally abusing members of...

You Don’t Have to Be Awake to Receive the National Minimum Wage

Many people might think that those who sleep on the job would not be entitled to be paid the National Minimum Wage (NMW) whilst their eyes are closed. But that is by no means always the case and the Employment Appeal Tribunal (EAT) has given guidance on the issue in an important test case, particularly for the care sector. The EAT was dealing with three appeals...