Taylor Vinters

One of the common questions we are asked is whether or not an employer can extend the probationary period for recent joiners. Employers routinely make use of probationary periods for new employees. A candidate who looks good on paper may not be the right person for the job or may simply not meet the required standards.

The Employment Appeal Tribunal (“EAT”) has found that an employer did not unlawfully discriminate against one of its former employees when it dismissed him for redundancy, following a period of absence for medical treatment. The Equality Act 2010 provides employees and workers with wide-ranging protection from disability discrimination, including the right not to be treated unfavourably by their employer because of something arising in consequence of their disability.

The High Court has confirmed that an employee’s duty of fidelity to their employer is not breached when, in response to a direct question, the employee fails to explain their own confidential plans to set up in lawful competition. All employment contracts are automatically deemed to include certain implied obligations, including an employee’s duty of fidelity towards their employer.