Disability & Mental Health Discrimination

Is the alternative role suitable alternative employment? 

20 November 2024

In a redundancy situation an affected employee may be offered suitable alternative employment by their employer. Then the question will become whether the employee will accept that offer or will leave the employment because of redundancy, which will usually depend on the alternative role’s suitability.   Section 138(2) – (3) of the Employment Rights Act 1996 sets […]

What should I do if my flexible working request has been refused? 

18 November 2024

This may depend on whether your request was made formally and whether it was rejected on eligibility grounds or refused for a business reason.    Was your request made formally?  A formal request for a flexible working arrangement is one made under section 80F(2) of the Employment Rights Act 1996 (Statute). This means the request must be […]

Should I be able to see the scores of colleagues in a redundancy situation?

15 November 2024

In short, maybe.  You should be able to understand the reasons behind your own assessment and how your score compares to others.  The Employment Appeal Tribunal summarised this position in the case of Pinewood Repro Ltd (t/a County Print) v Page, explaining: “Fair [redundancy] consultation involves the provision of adequate information on which an employee […]