DAC Beachcroft's Employment Matters focuses on some of the most interesting cases and events occurring within the Employment Law sector.
There have been fewer case law developments over the past month. We have picked out the most interesting below.
1. Unfair dismissal: Employers should consider consulting with employees about potential sanctions during disciplinary proceedings
The EAT has held that an employer should have proactively consulted with an employee, who had blameless long service, during disciplinary proceedings about whether a warning would have been a sufficient sanction instead of dismissal.
2. Disability discrimination: Paranoid delusions were not a disability
The Court of Appeal has held that an employee who had suffered from paranoid delusions was not disabled because the adverse effect on his ability to carry out normal activities was not likely to be long term.
3. Trade Unions: Protection from detriment for striking workers
The EAT has held that a group of pilots who participated in a strike were protected from suffering detriments irrespective of whether the strike itself was protected industrial action.
4. National minimum wage: Taxi driver's car and uniform rental payments should have been deducted in national minimum wage calculations
The EAT has held that an employment tribunal should have allowed a taxi driver's car and uniform rental payments to be deducted for national minimum wage purposes although the payments were optional.
