Clifford Chance

UK: Employment Update: November 2015

3 November 2015

In this month's Employment Update we review the latest developments in relation to the new requirement to publish slavery and human trafficking statements. We also examine recent case law that provides further guidance on: (i) when it will be fair to dismiss on capability grounds due to long term ill health absence; (ii) whether disclosures in relation to a dispute between an employer and employees can be in the public interest with the result that the employee will enjoy 'whistleblowing' protection against detrimental treatment or dismissal; and (iii) whether an employer's apparently inconsistent approach to disciplining employees for gross misconduct renders a dismissal unfair.

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