How much do applicants have to say? The High Court has recently held that an employee did not make misrepresentations when failing to mention a history of stress and depression in a pre-medical questionnaire. Ms Laird had been on anti-depressants during three episodes of stress related depression between 1997 and 2001 and remained on them until February 2002. In November 2001 Cheltenham Borough Council offered her the position of managing director 'conditional on medical clearance'. The employee did not mention depression or a history of stress and said she had enjoyed good health. She was passed fit for the job and started in February 2002.

Gemma Herrick is an Employment Solicitor with Brachers Solicitors. Gemma did the second seat of her training contract in the Employment and HR Team at Brachers and returned in the final stages of her training, qualifying into the team in September 2009.  Gemma advises on a broad range of employment and HR issues working particularly closely with local businesses.  She also represents companies and individuals in Tribunal claims as well as advising on compromise agreements.