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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.
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.
In this case, the EAT held that there are circumstances under which expired warnings can be taken into account in dismissal decisions.
The EAT has held that knowledge of the consequences of a disability is not required for claims of discrimination arising from a disability.
In this case, the Court of Appeal held that gross negligence can constitute gross misconduct, justifying dismissal without notice.
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Udara Ranasinghe, Hilary Larter, Lynda Norbury
Ceri Fuller, Zoë Wigan
John Dunlop, Udara Ranasinghe, Nick Chronias
Guy Bredenkamp, Nick Chronias
Udara Ranasinghe, Nick Chronias
Guy Bredenkamp, Nick Chronias, Udara Ranasinghe
Nick Chronias, Guy Bredenkamp
Nick Chronias, Udara Ranasinghe