IN BRIEF – SEPTEMBER 2011 A report published last month has found that the work-life balance of many workers in the UK has deteriorated as a consequence of the recession.


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JOB CAPABILITY To avoid a finding of unfair dismissal on the ground of capability, employers have to show they have a reasonable belief that the person is unable to return to work. In DB Schenker Rail (UK) Ltd v Doolan, the Employment Appeal Tribunal (EAT), said that the decision to dismiss was ultimately a managerial, not a medical one, and that employers have to make their own assessment (informed by experts) of the risks involved in a return to work.
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COST OF RELIGION Indirect discrimination is potentially justifiable by employers. This is when an employer can show that a provision, criterion or practice (PCP) puts some workers at a disadvantage, if it’s a proportionate means of achieving a legitimate aim. In Cherfi v G4S Security Services Ltd, the Employment Appeal Tribunal (EAT) said that employers can rely on cost to justify what would otherwise be an indirectly discriminatory policy.
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FORTHCOMING LEGISLATION In general, the Department for Business, Innovation and Skills introduces legislative changes twice a year – April and October. The idea is to make it easier for employers (and employees) to keep abreast of the changes. The following are effective from October 2011.

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In Brief – August 2011 Following its decision earlier this year not to extend the right to request time off for training to employees in small to medium-sized enterprises (SMEs), the government has now announced that it will retain the right for employees in large organisations.
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NEGLIGENT STATEMENT Common law (made by judges) says that employers owe employees a duty of care when writing references. The High Court has now said in McKie v Swindon College that employers may also have to pay damages to employees if they make negligent statements about them to a former employer.
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