The Court of Appeal considered whether an employer could recover approximately £8,000 in training costs from an employee who left after just eight months' service to take up a higher-paid role elsewhere.

The Court found that the repayment provisions amounted to a restraint of trade and went further than was reasonably necessary to protect the employer's interests. In particular, the clause applied regardless of the reason for leaving and imposed a significant financial burden on an employee earning around £18,000 per year.

Key takeaways for employers:

• Link repayment clauses to genuine training expenditure.
• Ensure clawback provisions are proportionate.
• Reduce repayment obligations over time where appropriate.
• Avoid terms that could discourage employees from changing jobs.

The Employment Appeal Tribunal considered whether the BBC should reasonably have known that an employee with Type 2 diabetes was disabled for the purposes of the Equality Act 2010.

The EAT concluded that information available to the employer, including Occupational Health reports and the employee's own communications, should have prompted further enquiries. The decision reinforces the importance of recognising potential disabilities and carefully considering reasonable adjustments.

Key takeaways for employers:

• Obtain appropriate Occupational Health or medical advice.
• Investigate where there are indicators that an employee may be disabled.
• Carefully consider recommendations for reasonable adjustments.
• Ensure managers understand when further enquiries may be required.