Employers should ensure the scope of a disciplinary investigation it carries out is carefully considered before the investigation begins and is notified to the employee being investigated, and the investigation does not go beyond scope - or risk subsequent dismissals being ruled unfair, following a tribunal ruling.
Legal Alert - October 2019
A monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.
Case law: Court clarifies when extrinsic evidence can be used to explain meaning of the words in a contract
Parties varying a contract should ensure that if there is an ‘entire agreement’ clause they fully define all terms used in the variation, or risk disputes over whether the changes are sufficiently certain to be legally binding; and whether extrinsic evidence is admissible to explain what they mean, a recent case clarifies.
Employers faced with an employee who has a work-related disability cannot assume that dismissal – so removal from the cause of their disability - will mean the disability ceases for the purpose of calculating whether the disability is likely to have a long-term effect on them, a Tribunal has ruled.
Case law: Employers beware of treating employees less favourably on grounds of belief in Scottish independence or Brexit
Employers whose workforce include individuals with strong beliefs about Scottish independence, Brexit or similar issues should beware treating them less favourably than other workers because of those beliefs, or risk a discrimination claim on grounds of philosophical belief, following a recent ruling.
Case law: Court overturns planning permission for house extension because it stopped sunlight reaching neighbour’s solar panels
Householders and others applying for planning permission for developments that may block or reduce the amount of sunlight reaching solar panels on neighbouring property should consider whether their neighbour could apply to have planning permission overturned.
Case law: Failure to change Land Registry record immediately oral agreement was made meant agreement was later unenforceable
Landowners involved in negotiations or transactions involving matters registered at the Land Registry should ensure they record the necessary changes at the Registry as soon as possible, or risk being unable to do so later, a recent ruling clarifies.
Parties to a contract should ensure it is comprehensive and clearly and unambiguously expressed, to avoid disputes about what it means or whether additional terms should be implied into it, a recent ruling makes clear.
Case law: Worker’s reasonable belief their whistleblowing is in the public interest is enough to protect them from dismissal
Employers should be aware that issues raised by a worker in relation to their personal situation, such as issues relating to their work performance, can amount to protected disclosures (ie, whistleblowing) if the worker reasonably believes raising them is in the public interest.
Disclaimer: These publications from Atom Content Marketing are for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.