Day: May 4, 2022

If the employee resigns with immediate effect, their employment will terminate. There is little point in continuing a disciplinary procedure in respect of an employee who is no longer employed, as no disciplinary sanction can be imposed against a former employee. However, the disciplinary information collated should still be retained for a period of up to one year after the employee’s resignation, because it may be needed as evidence should the employee subsequently try to claim constructive dismissal or unlawful discrimination in relation to the conduct of the disciplinary proceedings.…

It is possible that long COVID could meet the definition of disability under the Equality Act 2010, but this would depend on the circumstances in each case, and the impact that the condition has on the individual. Under the Act, a disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities. A person does not need a formal diagnosis of a particular condition to fall within the definition, but they must be able…

The cost to employers of defending an employment tribunal claim was highlighted when Times Higher Education reported that a university had spent more than £200,000 defending an unfair dismissal claim that could, it said, have been settled for much less. The case in question was Quigley v University of St Andrews EATS/0025/05 – a constructive dismissal claim that went as far as the Employment Appeal Tribunal. The case raises the question for employers: is it better to settle or to fight? And how much should they be prepared to spend…