Employment Bulletin - March 2019

This month’s bulletin includes the following articles​:

  • Suspension of teacher accused of using unreasonable force not a repudiatory breach
  • Unfavourable treatment for restricting access to important email for employee on maternity leave
  • Were ‘bad leaver’ provisions forcing an employee to give up their shareholding a penalty or an unlawful deduction from wages?
  • Dismissal partly due to poor working relationships was deemed to be TUPE related
  • Clarification over the ‘long term’ element for the purposes of the definition of disability
  • A rest break under UK Working Time Regulations does not need to be a single continuous period of 20 minutes
Suspension of teacher accused of using unreasonable force not a repudiatory breach

In Mayor and Burgesses of the London Borough of Lambeth v Agoreyo [2019] EWCA Civ 322 CA the Court of Appeal held that a school had reasonable and proper cause to suspend a teacher in order to investigate allegations that she had used unreasonable force against two children, and thus concluded that there was no breach of the implied term of trust and confidence.

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Unfavourable treatment for restricting access to important email for employee on maternity leave

In SW Yorkshire Partnership NHS Foundation Trust v Jackson (UKEAT/0090/18/BA), the Employment Appeal Tribunal (EAT) held that it can be unfavourable treatment under the Equality Act 2010 to send a woman an important email while on maternity leave to an email address that she is unable to access.

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Were ‘bad leaver’ provisions forcing an employee to give up their shareholding a penalty or an unlawful deduction from wages?

The EAT in Nosworthy v Instinctif (UKEAT/0100/18/RN) held that “Bad Leaver” provisions that force an employee to give up a shareholding are not a penalty or an unlawful deduction from wages.

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Dismissal partly due to poor working relationships was deemed to be TUPE related

The Court of Appeal (CA) has ruled that a dismissal of an employee partly due to poor working relationships between her and a colleague is deemed to be TUPE related at the time of the transfer and therefore automatically unfair.

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Clarification over the ‘long term’ element for the purposes of the definition of disability

The definition of disability for the purposes of disability discrimination is found at s.6 Equality Act 2010. In order to satisfy the definition of disability for this purpose, it is necessary for a person to have a physical or mental impairment and that impairment has a substantial long-term adverse effect on their ability to carry out normal day-to-day activities.

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A rest break under UK Working Time Regulations does not need to be a single continuous period of 20 minutes

Regulation 12 of the Working Time Regulations 1998 provides that adult workers are entitled to a daily rest break of not less than 20 minutes where their daily working time exceeds six hours.

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