A case this month has focused on the need to consider bumping a safe employee out of a business in favour of giving his or her job to a redundant employee. The advice is to always consider the question, even if you don’t then bump anyone out.
A worrying case from the Appeal Tribunal has ruled that a lesion that was not yet cancerous, but might become cancerous, triggered the employers duty not to discriminate against an employee. Thereby imposing a greater duty on employers to understand the prognosis of medical conditions before making decisions about employees.
A good case for all employers to read is published this week. It concerns a chain smoking rude employee who argued that even though she had only just found out that she was pregnant, and had not told the employer, her dismissal during her probationary period was discriminatory , because the employer ought to have guessed her behaviour was due to her being pregnant.