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Hello!

Welcome to the July edition of InView

Hello!

Welcome to the July edition of InView.

This month, we explore a range of employment law cases and key developments that highlight the risks and responsibilities facing employers today.

We take a closer look at a recent Tribunal decision where an employee was awarded over £20,000 in compensation after being unfairly dismissed for falling asleep at work, a powerful reminder of the importance of following a fair disciplinary process, even in seemingly straightforward situations.

We also examine the costly lesson Wilko learned after being hit with a £2 million penalty for technical breaches of collective consultation rules, underlining just how vital it is to get the details right when managing redundancies.

Plus, we consider whether UK Tribunal claims can extend to colleagues based overseas, an increasingly relevant issue in today’s global workforce.

And there’s more, this month’s edition is packed with further insights and practical guidance designed to help HR teams tackle complex situations with clarity and confidence.

Until next month, Jen
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New Case Law 

Independent investigators not liable for whistleblowing dismissal

Can external HR consultants be held personally responsible when whistleblowing leads to dismissal? A recent tribunal decision offers some welcome clarity, and a few key takeaways for those working in sensitive investigations.
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Religion or belief discrimination: Supreme Court refuses permission to appeal in Higgs v Farmor’s School – where does this leave the law now? 

What does the end of the road in Higgs v Farmor’s School mean for employers navigating belief in the workplace? The Court of Appeal’s judgment now stands offering essential guidance on handling religious expression fairly and legally.
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Wilko's £2m Lesson: Don’t overlook collective consultation 

A tribunal has ordered Wilko to pay around £2m in protective awards after failing to meet collective consultation duties during its collapse. With tougher penalties on the horizon, this case is a stark reminder that even technical missteps can prove costly.
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Employee who fell asleep at work was unfairly dismissed

A tribunal has ruled that dismissing a CCTV operator for nodding off for 15 minutes was unfair, despite his employer’s belief it was gross misconduct. The case highlights why context, policies, and long service must all be weighed before making dismissal decisions.
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No duty to make an adjustment if it would not remove the disadvantage 

The Hindmarch case highlights an important limit on employers’ duty to make reasonable adjustments for disabled staff. If a change is unlikely to actually help overcome the disadvantage, it may not be legally required. A crucial consideration for HR teams.
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Tribunal should have focused on what employee couldn’t do, not what he could do, when deciding if he was disabled

The Stedman v Haven Leisure case confirms that to be legally disabled, an disability only needs to substantially affect one day-to-day activity. The focus should be on what the person cannot do, not on balancing what they can.
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A carer paid by his brother using money from the local authority was not employed by the local authority 

The Scully v Northamptonshire CC case clarifies that receiving funds via a local authority doesn’t automatically create an employment relationship with them. Clear contracts and understanding who holds legal responsibility are essential.
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Can UK tribunal claims reach colleagues based abroad? This case says ‘Yes’ 

The Prahl, Hofvenstam & Ågeback v Lapinski ruling confirms UK employment tribunals can have jurisdiction over overseas colleagues if there’s a strong UK connection. This is a crucial reminder for international businesses: working abroad doesn’t necessarily shield individuals from UK claims.
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Redundancy and alternative employment: Half-measures won’t do 

A tribunal has ruled that failing to properly help a redundant employee into another role made an otherwise fair process unfair. Simply handing over a vacancies list isn’t enough, employers must take proactive steps to support redeployment.
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Events & Training

SCARF Up for Cultural Success

SCARF Up for Cultural Success is a high-impact, free webinar for HR professionals who want to lead the way in building respectful, harassment-free workplaces.

Using the neuroscience-backed SCARF model (Status, Certainty, Autonomy, Relatedness, Fairness) developed by David Rock, we’ll explore how to create psychologically safe environments where respect is embedded, not just enforced.
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Book Now >

How to Open & Close an Investigation Meeting: An Agenda

A practical and easy to understand guide to opening and closing an investigation meeting successfully.
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HR Cheat Sheet: How to Speak the Language of Insights Discovery

Our Insights Discovery HR Cheat Sheet is your quick guide to unlocking the power of personality profiling in the workplace. Learn how adapting communication styles can strengthen collaboration, reduce conflict, and support employee wellbeing. Perfect for HR teams looking to drive engagement and impact— download your free copy today!
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