In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. Catch up on May's highlights here.
In Cunningham v. British Broadcasting Corporation, the Employment Appeal Tribunal (EAT) held that any reasonable employment tribunal (ET) would have found that an employer knew or ought to have known that an employee was disabled given the employer’s knowledge of the employee’s health condition and associated adverse effects, and the fact that the employer could have reasonably sought guidance from occupational health (OH) on whether the employee’s condition was long-term. Further, the EAT found that the ET had erred in failing to consider reasonable adjustments in connection with the employee working a late shift which finished after midnight.
Background
The employee was employed as a TV presentation director and worked on a shift basis, including early and late-night shifts. The employer was aware that the employee had diabetes and associated fatigue following a disclosure made by the employee. The employee requested reasonable adjustment because of her diabetes (which she described to her employer as being a disability).
Following an OH assessment, OH recommended that the employee should not work early and late shifts (i.e., that the employee should only complete day shifts) and should be given regular meal and rest...
A lawyer who recently attended a Labor Relations Commission (LRC) adjudication hearing was taken aback. This was because the documentary evidence submitted by the opposing side was exaggerated and...