Weekly Issue 411

Avoiding exclusivity clauses

Following a consultation last year, the government has published draft regulations tackling avoidance of exclusivity clauses by employers in zero-hours contracts for low paid workers.

Not fit for adjustment

Under disability discrimination legislation, employers must make reasonable adjustments if one of their policies or a physical feature of their premises places a disabled person at a substantial disadvantage compared to people who are not disabled. In Doran v Department for Work and Pensions (DWP), the Employment Appeal Tribunal (EAT) held that the duty is only triggered once the disabled person has indicated that they are fit enough to return to work.

Fraudulent conduct

In cases of gross misconduct, tribunals must address a series of questions, known as the Burchell test. In Brito-Babapulle v Ealing Hospital NHS Trust, the Court of Appeal held that it was irrelevant whether the tribunal addressed itself to the issue of whether the conduct amounted to fraud specifically, as opposed to gross misconduct.