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In Shrestha v Genesis Housing the Court of Appeal confirmed that employers do not have to investigate every line of defence put forward by an employee as long as the investigation is reasonable as a whole.
Mr Shrestha put in mileage claims, which were higher in 2011 than usual. On review, the mileages claimed were significantly higher than AA route-planner figures for the same journeys (sometimes nearly double). The reasons given were difficulty in parking, one-way road systems and diversions. The employer did not ask about every single journey because it was not considered plausible that he would have an explanation for each trip. He was dismissed for gross misconduct.
The employee’s unfair dismissal claim was rejected by the tribunal and the EAT and Court of Appeal agreed. The court’s decision is a victory for common sense, as it made it clear that to require an employer to investigate each line of an employee’s defence unless it was manifestly false or unarguable would be too narrow an approach.
With menopause cases reaching Employment Tribunals at a record rate, there had been speculation about whether the Equality Act 2010 (EqA 2010) could be amended to include specific protection for menopause.
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The recent Employment Tribunal decision in Mr T Burke v Turning Point Scotland, Case no.4112457/2021 found that long-Covid amounts to a disability.
Baroness Kramer has now introduced the Protection of Whistleblowing Bill as a Private Members’ Bill, starting in the House of Lords.
Independent think-tank, the Social Market Foundation (“SMF”), has launched a cross-party parliamentary commission on childcare and its implications for mothers.
Senior Associate
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