Health Employment Matters February 2017

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Health Employment Matters February 2017

Published 6 febrero 2017

With the snapshot date of 31 March approaching, gender pay reporting is on many of our clients' agendas. Our alert earlier this month covered the requirements for public sector organisations.


The power to make regulations capping public sector exit payments at £95,000 was brought into force on 1 February. This suggests the Government are ready to push ahead with this agenda in the near future. Readers may recall that draft Public Sector Exit Payment Regulations setting out the detail of the cap, were published in November 2015, but have not yet been brought into force.

In this month's alert, we look at a disability discrimination claim which will be problematic for employers. We also look at an unfair dismissal claim which may be useful for employers dealing with serial offenders (although it should be handled with caution!), and the extent to which employers can rely on mobility clauses in redundancy situations.

Unfair dismissal: relying on mobility clauses in redundancy situations

Unfair dismissal: expired warnings and serial offenders

The EAT has held that two employees with contractual mobility clauses who refused to relocate were dismissed for misconduct, not redundancy, but that the dismissals were unfair.

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In this case, the EAT held that there are circumstances under which expired warnings can be taken into account in dismissal decisions.

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Discrimination arising from disability: employer's knowledge about the consequences of an employee's disability

Wrongful dismissal: can an employee be dismissed without notice for gross negligence?

The EAT has held that knowledge of the consequences of a disability is not required for claims of discrimination arising from a disability.

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In this case, the Court of Appeal held that gross negligence can constitute gross misconduct, justifying dismissal without notice.

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Authors

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

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