Employment Matters - December 2021

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Employment Matters - December 2021

Published 7 December 2021

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.

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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.

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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.

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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.

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Authors

Hilary Larter

Hilary Larter

Leeds

+44 (0)113 251 4710

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

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