Need to Know - Issue 6 2017

A time and a place for the truth: employees’ duties of fidelity

A host of duties are implied into contracts of employment, and serve as the foundation of the relationship between employer and employee. Though most of these are well-known to employment lawyers and reflect a degree of common sense about employment relationships, MPT Group v Peel shows that attempts are still being made to develop them creatively. In this recent case, the following question arose: if an employer asks an employee what they are going to do when they leave the business, are they obliged by their duty of good faith to give an honest answer?

Whistleblowing: a landmark ruling on the “public interest” test

In the case of Chesterton Global Ltd (t/a Chestertons) and another v Nurmohamed and another, the Court of Appeal considered whether a disclosure that is made in the private interest, which also affects the private interests of multiple individuals, meets the ‘public interest’ test for the purposes of whistleblowing legislation.

Disability-related sickness absence – was it the cause of the dismissal?

Discrimination arising from disability occurs where a person (A) treats another disabled person (B) unfavourably because of something arising in consequence of B’s disability and A cannot show that the treatment is a proportionate means of achieving a legitimate aim.

Employment Tribunal fees abolished

In a case with wide-ranging implications, the Supreme Court has granted Unison’s appeal in R (Unison) v Lord Chancellor [2017] UKSC 51, and by unanimous decision brought an end to the controversial scheme of Employment Tribunal fees. The Supreme Court has engaged in a spirited defence of the rule of law, which will have a real practical impact for both employers and employees alike.