In an update on the latest in employment law, Ian Smith, considers a raft of recent cases covering issues, some of which will be familiar to lawyers
The first contains a warning not to overuse a relatively recent Supreme Court decision on how to establish ‘the reason’ for a dismissal in the case of an organisation, he writes in this week’s NLJ.
Smith also explores case law on ‘one of the most contentious areas in unfair dismissal law, namely when an employee can be fairly dismissed on suspicion, short of a genuine belief in guilt’. The duty to make reasonable adjustments in disability discrimination law is another hot potato. In a recent case, the tribunal considered whether this duty included maintaining previous wage levels when the individual had to take on lesser work.
Finally, Smith covers a recent Supreme Court case on whether a change in the drafting of the Equality Act changes the substance of the law on reversal of the burden of proof.
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