What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Constructive Criticism Is Not Harassment | Wollens Solicitors Devon

It is the nature of the employment relationship that employers are sometimes called upon to have difficult conversations with their employees. These conversations might be about career progression, conduct or business plans. Where an employee is struggling in their role, then their employer may need to make critical comments about their performance. It’s important, for the employer’s integrity, that these conversations are able to take place.

However, employers need to tread carefully and act respectfully, as there can be a fine line between criticism and harassment. The case of Mr T Shevlin v John Wiley and Sons Limited provides a welcome reminder that providing critical feedback about an employee’s work is not, in itself, harassment.

In this case, Mr Shevlin, who had ADHD, claimed disability discrimination and harassment. In particular, he alleged that comments made by his employer about the quality of his work – described as “messy” and including “a lot of typos” – were discriminatory and amounted to harassment related to his disability (ADHD). However, the tribunal found that the employer’s actions were reasonable and that the feedback given was part of normal performance management.

Employers are entitled to address performance issues. Where an employee may be suffering from a disability then this must be handled sensitively, and the employer will need to consider reasonable adjustments to working practices to alleviate any disadvantage faced by the disabled employee at work. They must also ensure that the language used is sensitive and appropriate to avoid any claim that the feedback forms ‘unwanted conduct’ and is harassing in some way. However, as this case shows, the existence of a disability does not mean that poor performance cannot be tackled at all.