In terms of employment law, employers should be aware of employees who are sick and potentially ‘disabled’ as per the Disability Discrimination Act as they may try and rely on the recent decision of the Employment Tribunal in Yorkshire Housing Ltd v. Cuerden. An employee may request that his/her lawyer be present at a meeting (especially in relation to disciplinary and grievance issues). Where the employee would suffer a substantial disadvantage at a meeting because of his/her disability, the employer may have to make a reasonable adjustment. In this case, the employment tribunal were of the opinion that the employer should have allowed the employee to bring her lawyer to the meeting (which was not related to disciplinary and grievance issues) and this amounted to disability discrimination. We believe the facts of each case are highly relevant and this case in question does not give a right to all disabled employees to be accompanied by their employment lawyer at such meetings and the facts of each situation will need to be considered.
If you require employment law advice especially on your compromise agreement, please contact RT Coopers at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:
- http://www.rtcoopers.com/practice_employment.php
- http://www.rtcoopers.com/faq-redundancyemployee.php
- http://www.rtcoopers.com/redundancy.php
- http://www.employmentlawyersinlondon.com/video.php
- http://www.employmentlawyersinlondon.com
© RT COOPERS, 2011. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances
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