Next week’s election may result in changes to employment law, but the existing law continues to present novel issues of interpretation, says Ian Smith
- Case one considers whistleblowing detriment and establishing the reason in an organisation.
- Case two is about considering alternative employment in a medical incapability case.
- Case three contains an important point about the liability of employees in a discrimination case.
With much emphasis, as I write, on possible new employment laws after the election, and speculation as to what Labour would do whether within the first 100 days or not (answers please on a postcard to the editor), it is sobering to be reminded that the existing law can still throw up novel issues of interpretation.
The first case considered this month shows this in spades. It concerns the question of how an organisation can fall foul of the law against imposing detriments (other than dismissal) on an employee. Some of this hinges on a legislative change made 11 years ago but only now coming to the fore. It is in fact the second such case
