Ian Smith signs off from his beach hut with an eclectic mix of cases involving suspicion, doubt, disbelief & enforcement
- Establishing the reason for dismissal in an organisation.
- Dismissal on suspicion, short of positive belief.
- Reasonable adjustments; no general requirement to maintain higher level of pay.
- Enforcement; burden of proof; effect of Equality Act 2010; submission of no case to answer.
The four cases considered this month are an eclectic lot. The only connection between them is that they all concern issues (depressingly?) well known to employment lawyers. The first contains a warning not to overuse a relatively recent Supreme Court decision on how to establish ‘the reason’ for a dismissal in the case of an organisation. The second explores yet again one of the most contentious areas in unfair dismissal law, namely when an employee can be fairly dismissed on suspicion, short of a genuine belief in guilt. It shows how parlous the position can be of an employee caught up in these circumstances, especially when the
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