Labour & European Law Review
23 May 2018
A report just published by the Government Equalities Office has found that parents do not understand Shared Parental Leave, (SPL) nor are they necessarily aware that it is a legal entitlement for eligible parents, despite the fact that the regulations were introduced over three years ago (…).
The Equality Act states that an employer is not under a duty to make reasonable adjustments if they do not know (or could not reasonably be expected to know) that the worker has a disability. In Toy v Chief Constable of Leicestershire Police, the Employment Appeal Tribunal (EAT) held that an employer cannot be expected to know that a worker has a disability if the worker only has a “strong belief” that he has dyslexia (…).
In order to decide whether a dismissal is unfair, tribunals have to ascertain whether the employer acted reasonably when deciding whether the reason warranted dismissal, among other things. In Reilly v Sandwell Metropolitan Borough Council, the Supreme Court held that the tribunal had been entitled to find that non-disclosure by a headteacher of her relationship with a convicted sex offender not only amounted to a breach of duty, but also merited her dismissal.