News May 2024

We kick off with an article looking at the importance of workplace investigations, specifically in relation to the Post Office Horizon Inquiry.(1)  Our next article this weeks looks at the ‘sick note culture’ and asks whether the low level of sick pay is the root cause.(2)  Next we move to an article which looks at whether it’s possible to be dismissed for body odour in the workplace.(3)   Next we have an article from RMT General Secretary, Mick Lynch.(4)   An excellent article from Morton, Fraser, MacRoberts looks into the future workings of Employment Tribunals.(5)   As our current Prime Minister, Rishi Sunak announces the General Election date of 4 July 2024, Irwin Mitchell report on Labour’s proposals to extend Equal Pay Claims to Race and Disability Discrimination.(6)   The Home Office has created a Modern Slavery Registry in a bid to encourage employers to upload their annual Modern Slavery Statements.(7)   Despite moves within the European Union, the government has announced that it has no intention of addressing increasing concerns about the role of AI following the release of its own White Paper.(8)    

We have a number of articles from the TUC this week.  The first looks at the deteriorating job market in the UK as unemployment rises.(9) The second takes a critical look at recent government attacks on disabled people.(10) Third we have an article which addresses the inexorable rise of food banks as a staple in British society,(11)  and finally, an article which highlights the continued economic failure of the UK compared to its G7 rivals.(12)   

Next we move to caselaw and there has been a number of notable cases of interest.  The first case relates to whether offering an unsuitable role on a trial basis to a disabled person constitutes a reasonable adjustment.  The EAT said yes.(13)  Next we have a hybrid harassment and bullying claim against the University of Exeter.(14)  Two recent EAT claims have highlighted the need for an employer to ‘have knowledge’ of a disclosure for it to succeed as a ‘whistleblowing’ claim.(15)  Following on from last year’s Agnew case, the EAT has provided further guidance on serial holiday-related unlawful deductions claims.(16) In a separate groundbreaking case the EAT has upheld a previous Tribunal decision that decided its had jurisdiction to hear a claim for unfair dismissal that was conducted on a ‘Superyacht’ beyond UK jurisdictional waters.(17)  Another ‘jurisdictional dispute’ was also upheld by the EAT, further underlining the international scope of the Employment Tribunal’s decisions.(18)     

Finally, it would be remiss of us not to highlight the recent Supreme Court decision which has ruled that current UK trade union legislation is in breach of the European Convention on Human Rights.(19)