Welcome to the Wrigleys Employment Law Bulletin, August 2021.
This month we cover some of the most interesting and useful employment tribunal and Employment Appeal Tribunal judgments published in the last few weeks.
We report on the EAT decision in Aleem v E-Act Academy Trust Limited, which considered whether it was a reasonable adjustment to pay a disabled teacher at her former rate of pay on a permanent basis when she moved to a cover supervisor role.
In Fallahi v TWI Limited, the EAT provided helpful insight into when a tribunal can, as part of its assessment of the fairness of a dismissal, examine the fairness of a warning issued in the lead up to dismissal.
Although employment tribunal cases set no legal precedent, we also report on two recently decided first instance cases. Set in the world of TV crime dramas, the very interesting case of Kinlay v Bronte Film and Television Ltd looked at whether a direct pregnancy discrimination claim could be defended on the basis of an occupational requirement not to be pregnant. And in the topical case of Mhindurwa -v- Lovingangels Care Limited, the tribunal had to decide whether an employee was fairly dismissed as redundant when furlough (and claiming under the Coronavirus Job Retention Scheme) was not properly considered as an alternative.
I hope you can join us for our next free virtual Employment Brunch Briefing which takes place on Tuesday 5 October. We will be discussing what employers need to know if they are bringing in policies which restrict what employees can do on the basis of Covid vaccination status. It would be great to see you there! Please click on the link below for more information.
We are always interested in feedback or suggestions for topics that may be of interest to you, so please do get in touch.
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