Scotland

General News, Articles and Information from The POA North of the Border:

17.04.2015

Levy & McRae Newsbrief: April 2015

Changes taking effect on 5 and 6 April 2015: a round-up

As well as the regular changes to rates and limits, 5 April 2015 is the key date for the introduction of shared parental leave and a number of other family leave changes.

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Diet-controlled Type 2 diabetes was not a disability

The EAT has allowed an appeal against a finding that an employee with Type 2 diabetes was disabled for the purposes of the Equality Act 2010.

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UNISON granted permission to appeal against ‘punitive’ employment tribunal fees

UNISON has been granted permission by the Court of Appeal to proceed with appeals against the decisions of the High Court refusing its two Judicial Review applications challenging the lawfulness of employment tribunal fees.

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Stress at Work - Foreseeability of Injury

Was an employer liable for psychiatric illness caused by occupational stress? Not on the facts of Easton v B&Q plc, held the High Court.

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Sash Window Workshop Limited v King

A claimant was not entitled to an award in respect of holiday pay purely on the basis of the assumption that he was unable to take paid leave because it would have been refused by the employer if it had been requested.

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Whistleblowing: EAT says ‘reasonable belief in public interest’ is low threshold

Can a disclosure be made in the ‘reasonable belief it is in the public interest’ if it relates to a contractual dispute affecting a group of staff, and not the wider public?

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Deposit Orders and Costs

Should full costs be awarded automatically if a claim is lost following the payment of a deposit? No, held the EAT in Oni v Unison.

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Permanent restricted reporting order granted to individual respondent and third party

The EAT has overturned a tribunal decision and granted a permanent restricted reporting order (RRO) in respect of an individual respondent and a third party who were the subject of allegations regarding their sexual activities.

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Salmon v Castlebeck Care (Teesdale) Limited

Subject only to there being some contractual term or provision which prevents it, where an appeal against dismissal is upheld, this will automatically revive the contract of employment which, but for the successful appeal, would have terminated on the earlier dismissal.

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SOSR Dismissals

Was the fact that a financial arrangement might be regarded as a misuse of public funds ’some other substantial other reason’ justifying dismissal? Yes, held the EAT.

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