Trust and Confidence - Naomi Ellenbogen QC, Littleton Chambers (Employment Law, London, 29.06.16) If an employee makes repeated allegations or grievances which are considered to be unfounded, when can an employer lawfully dismiss the employee on the grounds of a breakdown in trust and confidence?
Mental Health and ASD - Audrey Williams, Fox Williams (Employment Law, London, 29.06.16) What duties arise under the Equality Act in the case of depression and autism, including dyslexia? How do you address "invisible" disabilities? Is protection as a medical or legal question?
Investigations - Richard Owen Thomas, 3PB (Employment Law, London, 29.06.16) What is the extent of an employer's duty to investigate a grievance or disciplinary matter (including the monitoring of employees)? What is a reasonable investigation and when might it breach expectations of privacy and become a repudiatory breach?
Discretion - Ed Pepperall QC, St Philips Chambers (Employment Law, London, 29.06.16) To what extent does the Braganza judgement impact on discretionary bonus cases or discretionary sickness pay? How does the Court control the exercise of "contractual discretion" and what amounts to “sufficiently cogent” evidence?
Detriment - Heather Williams QC (Employment Law, London, 29.06.16) Following Singh v Cordant, what amounts to a "detriment" for the purposes of 39(2)(d) of the Equality Act 2010, with reference to the "reasonable worker" and economic and physical consequences of discrimination?
Cultural Fit - David Reade QC, Littleton Chambers (Employment Law, London, 29.06.16) How can you navigate the case-law so employers can lawfully include - in a redundancy selection matrix - scope for selecting the candidate with the best cultural fit (which many are keen to do)?
Capability Dismissal - Adrian Lynch QC (Employment Law, London, 29.06.16) How do you lessen the risk of carrying out the capability dismissal of an employee with a protected characteristic - particularly age? How is forgetfulness evidenced or an inability to manage the same level of work etc.?
Vacant Positions - Marian Bloodworth, Kemp Little (Discrimination, London, 30.06.16) If a disabled employee is not able to carry out his or her role, is it your duty to offer a suitable vacant position automatically - no matter whether he or she is the best candidate?
Short and Intermittent Absences - Michael Ryley, Weightmans LLP (Discrimination, London, 30.06.16) When applying your attendance policy to disabled employees, when and by how much should you extend the trigger points because of short and intermittent absences? How do you offer support but also manage overall attendance?
Selective Sickness Pay - Anne Pritam, Stephenson Harwood (Discrimination, London, 30.06.16) If – as is increasingly common - an employer maintains full pay for an employee through cancer, why not offer the same in mental health situations? Do policies of this type - whether formal or informal - leave you open to challenge?