Employment, Immigration & Pensions Update - June 2017

A monthly update from the Employment, Immigration & Pensions team, containing news about recent and topical developments in employment, immigration and pensions law.

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Kerry Garcia, Lloyd Davey
  1. Dismissing a whistleblower: is the employer's belief that the disclosure is not protected relevant?

    The recent Court of Appeal case of Dr Beatt v Croydon Health Services NHS Trust has found that, in a whistleblower dismissal case, the question of whether a disclosure is protected is an objective one. Facts Dr Beatt, a consultant cardiologist, was... Read more
  2. Disability discrimination: what happens if an employee's sick leave results in the identification of a redundancy situation?

    In the recent case of Charlesworth v Dransfields Engineering Services Ltd , the Employment Appeal Tribunal (“EAT”) has concluded that, where an employee’s sickness absence allows his employer to identify that his role is no longer needed... Read more
  3. Discrimination risk when providing references

    The recent tribunal case of Mr P Mefful v Citizens Advice Merton and Lambeth serves as a reminder of the risks when giving references to prospective employers. The tribunal found that an employee was discriminated against by their former employer after the... Read more
  4. Non-compete clause: consideration given to expectations of future promotions when determining reasonableness

    The recent High Court case of Egon Zehnder Ltd v Mary Caroline Tillman has found that, although the reasonableness of a non-compete clause should be assessed at the time the contract is entered into, the parties’ expectations of future promotions... Read more
  5. Home Office publishes paper on EU citizens in the UK

    The Home Office recently published a policy paper on how the UK intends to treat EU citizens in the UK post Brexit. More details on this will be available on our website shortly.

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