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Gender Fluidity and the Law

by Anna Denton | Sep 30, 2020 | Employment Tribunal, Equality Act, Gender Fluidity

I have talked in the past about the things we can all do to be more respectful to the plus sign portion of our LGBTQ+ community (please see my previous Blogs:  http://refreshinglawltd.co.uk/?s=LGBT VIDEO: Can an employee be critical of gender inclusive policies?...

COVID-19 related cases start hitting the Tribunal

by Anna Denton | Sep 16, 2020 | Covid-19, Employment Tribunal

It was only going to be a matter of time before COVID-19 related cases started hitting the Employment Tribunal and I have recently seen a report of a case that illustrates the type of claim that we are likely to be dealing with in the future.   You might not...

The danger of someone influencing the outcome of a process

by Anna Denton | Dec 12, 2019 | Disciplinary procedure, Employment Tribunal, Whistleblowing

It’s not every day that an Employment Law case goes to the Supreme Court, the highest court in our land.  The case of Royal Mail Group v Jhuti has been awaited after the disagreement between the Courts as to what the outcome should be.  The...

The importance of investigators not influencing the outcome when it comes to your disciplinary processes

by Anna Denton | Dec 5, 2019 | Disciplinary procedure, Dismissal, Employment Tribunal

Clearly you are all familiar with the necessity of having a different person investigating to dealing with the disciplinary hearing and of course a third person dealing with the appeal.  This is a core principle of a fair disciplinary process but also when...

What do you do if an employee raises something that might be a disability during a disciplinary hearing?

by Anna Denton | Aug 28, 2019 | Disability discrimination, Employment Tribunal, Equality Act

If an employee is accused of misconduct of some kind, their defence may well be that a core part of their condition was behind their behaviour.  This is classic section 15 Equality Act 2010 territory.  We have seen a string of cases where an employee is found to have...

When an employee tries to mask their mental health condition using physical ailments

by Anna Denton | Jul 25, 2019 | Disability discrimination, Employment Tribunal, Equality Act, Mental health

It is not uncommon for an employer to have an employee presenting with physical ailments when really underlying the position is a mental health condition.  An employer can worry about the extent to which they are going to be found liable for disability...
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