No duty to make reasonable adjustments if the adjustment has no real prospect of succeeding

27 June 2025

In Hindmarch v North-East Ambulance NHS Foundation Trust the Employment Appeal Tribunal (EAT) has dismissed an appeal against an employment tribunal’s decision to reject claims of failure to make reasonable adjustments and unfair dismissal.  During the pandemic Mr Hindmarch who was a non-emergency ambulance driver, refused to work unless the Trust provided him with an […]

Are Autism Spectrum Disorder (AS) and Attention Deficit Hyperactivity Disorder (ADHD) disabilities for the purposes of the Equality Act, 2010?

25 June 2025

They might be, but it is not automatic. The burden of proof is on the claimant to prove disability.  In Stedman v Haven Leisure an employment tribunal decided that Mr Stedman was not disabled for the purposes of the Equality Act 2010 despite his diagnoses of Autism Spectrum Disorder (AS) and Attention Deficit Hyperactivity Disorder […]

How do I write an impact statement to prove disability in the Employment Tribunals?

23 June 2025

What is a disability impact statement? An impact statement is a witness statement in writing addressing the impact of your alleged disability on your work and wider life. You must state only what you know to be true as you are giving evidence to the Employment Tribunal in support of your claim. When will an […]

Is it a reasonable adjustment for my employer to facilitate an application for ill-health retirement?

20 June 2025

No. An employer’s duty to make reasonable adjustments does not extend to taking steps to facilitate ill-health retirement. This was established in the case of Tameside Hospital NHS Foundation Trust v Mylott in the Employment Appeal Tribunal in 2010, UKEAT 0399/10/1304. What is the purpose of reasonable adjustments? The purpose of reasonable adjustments is to […]

When should I start Acas early conciliation?

18 June 2025

This is a loaded question. It is a requirement for you to be able to bring a claim in the Employment Tribunals that you must have completed the mandatory Acas early conciliation process within the applicable time limits. What is my time limit for starting early conciliation? You must contact Acas before the expiry of […]

In a redundancy situation your employer has a duty to consider suitable alternative employment. What does this mean?

16 June 2025

The dismissal of an employee for redundancy may be unfair if the employer fails to make a reasonable search for suitable alternative employment.  What is the legal requirement? There is a positive duty on an employer to take steps to avoid redundancy. This is a legal requirement. If it is not explored the dismissal may […]

Things have changed at work following sick leave

13 June 2025

This is a refrain we hear from new and prospective clients all too frequently. Sometimes it’s “just” a feeling, a sense of being persona non grata either from colleagues or management or both. From colleagues this may be related to them having to pick up the slack when covering your absence and you might think […]

Should I resign?

11 June 2025

Sometimes resignation is the obvious choice. When, for example, you have secured a new job and want to be free to start work in a new position.  More often than not resignation is a consideration as a result of things going wrong at work and we lose track of the callers into our firm who […]

Should I stay or should I go now? Garden leave or pay in lieu of notice?

9 June 2025

When you are ending your employment relationship either by choice, by mutual agreement or because you have been dismissed a common issue which arises is whether you should agree to be paid in lieu of notice or spend your notice on garden leave.  Not all employment contracts provide for garden leave but many do especially […]