What do you do if an employee claims their behaviour stems from their condition? What is an employer’s duty of care? These are questions regularly raised by employers. One practical step is to implement an occupational health policy to provide a framework for dealing with mental ill-health in the workplace. A considered and well informed …
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What decides the ‘suitability’ of an alternative role during redundancy?
In the case of Asif v Elmbridge Borough Council the Employment Appeal Tribunal decided that it was reasonable for an employer not to offer a redundant employee an alternative job, which became available after a colleague resigned from a post newly created following a reorganisation. The case emphasises the need for employers to have objective …
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The importance of impartial grievance proceedings
When faced with a potential constructive dismissal claim, the question of whether employers should admit fault and apologise to an employee in an attempt to put things right and avoid the employee’s resignation, should be dealt with on a case by case basis. Case-law does not necessarily provide definitive guidance on such situations, however it …
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