Need to Know - Issue 6 2017
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?
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.
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.
In a case with wide-ranging implications, the Supreme Court has granted Unison’s appeal in R (Unison) v Lord Chancellor  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.