Smith also explores case law on ‘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’. The duty to make reasonable adjustments in disability discrimination law is another hot potato. In a recent case, the tribunal considered whether this duty included maintaining previous wage levels when the individual had to take on lesser work.
Finally, Smith covers a recent Supreme Court case on whether a change in the drafting of the Equality Act changes the substance of the law on reversal of the burden of proof.