‘The case of Crofts Vets and others v Butcher 2013 UKEAT/0430/12/LA and UKEAT/0562/12/LA is perhaps an unusual but important illustration of how far the duty to make reasonable adjustments under disability discrimination legislation goes (now Section 20 of the Equality Act 2010).’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
‘The EAT, Mr Justice Langstaff sitting alone, has recently looked again at the application of the ‘reasonably practicable’ test in circumstances where a claim for unfair dismissal was lodged after the three month deadline had expired.’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
‘When do Employment Tribunals have jurisdiction to hear unfair dismissal complaints brought by employees who work outside Great Britain? Nigel Brockley highlights the recent caselaw on this topic.’
No. 5 Chambers, 4th December 2014
Source: www.no5.com
‘Employers “cannot simply rubber stamp” an occupational health adviser’s opinion that an employee is not disabled, the Court of Appeal has ruled in a case involving a local authority.’
Local Government Lawyer, 11th December 2013
Source: www.localgovernmentlawyer.co.uk
‘Chris Bryden & Michael Salter discuss some of the key developments of 2013 & share a few predictions.’
New Law Journal, 11th December 2013
Source: www.newlawjournal.co.uk
‘An employment tribunal was wrong to conclude that refusing to work on a Sunday for religious reasons should not be protected under discrimination law, the Court of Appeal has ruled.’
OUT-LAW.com, 10th December 2013
Source: www.out-law.com
Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474
‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
“A midwife who left a baby face down in a stationery cupboard was guilty of failing to provide appropriate clinical care, a tribunal has ruled.”
BBC News, 19th November 2013
Source: www.bbc.co.uk
“When facing a reasonable adjustments claim one of the first lines of defence for an employer is knowledge. An employer can avail itself of the defence of lack of knowledge of the disability (s.20 of Sch 8 of the Equality Act 2010) if it did not know, and could not reasonably have been expected to know, that the person had a disability. The defence is an impenetrable shield and often forms a key battleground at trial.”
13 KBW Employment, 18th November 2013
“Horse racing pundit John McCririck loses his age discrimination case against Channel 4 after tribunal rules he was ‘unpalatable to a wider potential audience. ‘ ”
Daily Telegraph, 13th November 2013
Source: www.telegraph.co.uk
Zulhayir v JJ Food Service Ltd: [2013] EWCA Civ 1226; [2013] WLR (D) 396
“For an appeal to succeed on the ground of perversity an overwhelming case had to be made out that the court or tribunal below had reached a decision which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.”
WLR Daily, 16th October 2013
Source: www.iclr.co.uk
“The union is bringing a legal challenge over the introduction of fees for employment tribunals to the High Court tomorrow.”
Daily Telegraph, 21st October 2013
Source: www.telegraph.co.uk
“A devout Christian woman is set to fight for her right not to work on Sunday this week when her case is heard at the Court of Appeal.”
The Independent, 20th October 2013
Source: www.independent.co.uk
“The Government has confirmed its intention to give employment tribunals the power to impose financial penalties on employers where they breach a worker’s rights and there are ‘aggravating features’.”
OUT-LAW.com, 10th October 2013
Source: www.out-law.com
“The use of ‘gagging clauses’ risks stopping employees from speaking out about failures in the public sector, the National Audit Office has warned.”
BBC News, 8th October 2013
Source: www.bbc.co.uk
“The training company A4e has been found guilty of racial discrimination and been ordered to pay out £50,000 in compensation, the Guardian has learned. Employment tribunal judges found that the company, paid £345m by the Department for Work and Pensions for its back-to-work employment services since 2010, racially discriminated against Rohim Ullah when it unlawfully dismissed him from its Bradford office in 2011.”
The Guardian, 22nd September 2013
Source: www.guardian.co.uk
“Louise Corfield looks at what happens when decisions to terminate an employee overlap with a mutual separation.”
No. 5 Chambers, 16th September 2013
Source: www.no5.com
“Caroline Jennings explores the use of CCTV as evidence in the Employment Tribunal.”
No. 5 Chambers, 16th September 2013
Source: www.no5.com
“Charles Crow considers how Claimants can move their cases between the Tribunal and the Court without getting caught by the doctrine of estoppel.”
No. 5 Chambers, 16th September 2013
Source: www.no5.com
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