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27 January 2016 0 Comments Posted in Employment, Opinion

Disability Discrimination – Reasonable Adjustments Made Easier

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In a recent judgment, the Court of Appeal has eased the path of employees in showing that a duty to make reasonable adjustments arises where a provision, criterion or practice (a PCP) puts a disabled person at a substantial disadvantage compared to a non-disabled person. The employee appealed against the decision of the Employment Appeal Tribunal (EAT) that there had been no breach of the duty to make reasonable adjustments for her disability under the Equality Act. While the appeal ultimately failed, the judgment now makes demonstrating that the duty arises much easier for potential claimants.

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4 January 2016 0 Comments Posted in Employment, Opinion

Lower pay for Muslims is not discriminatory

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In Naeem v Secretary of State for Justice, the Court of Appeal has held that an Employment Tribunal was wrong to find that a Muslim prison chaplin was placed at a particular disadvantage by the prison service’s use of a length of service criterion in determining its pay arrangements.

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More reasonable adjustments…

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In Waddingham v NHS Business Services Authority the Employment Tribunal has upheld a claim for failure to make reasonable adjustments which was brought by a disabled NHS employee who did not achieve the necessary score in a competitive interview process for an internal post.

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Negative verbal reference was discrimination arising from disability

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In Pnaiser v NHS England and Coventry City Council, the EAT has overturned an Employment Tribunal decision which found that a Claimant had not established a prima facie case of discrimination arising from disability. The EAT considered that the Tribunal was wrong in the way in which it approached the burden of proof.

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Injury to feelings uplift applies in Employment Tribunal

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In Beckford v London Borough of Southwark, the issue of whether or not the application of the Simmons v Castle uplift applies to Employment Tribunal awards has been considered yet again by the EAT. This case held that it does apply.

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Abolition of duty to make reasonable adjustments?

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In Griffiths v Secretary of State for Work and Pensions the Court of Appeal looked at whether the duty to make reasonable adjustments under section 20 of the Equality Act should be abolished. It held that it should not.

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Principles of mitigation of loss

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In Cooper Contracting Limited v Lindsey, the EAT has summarised the principles which a Tribunal should apply when looking at a successful Claimant’s compensation and whether this should be reduced to reflect their failure to mitigate loss in an unfair dismissal claim.

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Dismissal justified for disclosing confidential information

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Mr Farnan was the club’s international and national marketing director. He was suspended following concerns regarding breaches of confidence and various other matters which included sending a lewd email and making derogatory comments. The club trawled through his work emails …

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Only loose connection needed to find discrimination arising from disability

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In Hall v Chief Constable of West Yorkshire Police the EAT has overturned an Employment Tribunal decision that an employee was not discriminated against under section 15 of the Equality Act in being dismissed for gross misconduct following disability related sickness. The EAT held that the Tribunal had wrongly focused on the employer’s motive for dismissing the employee and the remoteness of the connection between her disability and the unfavourable treatment.

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18 December 2015 0 Comments Posted in Employment, Opinion

The CJEU has given Judgment in a Greek case

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The CJEU has given Judgment in a Greek case, the principle of which may have some effects on UK shared parental leave. The case of Maistrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton concerned a piece of legislation in Greece which allowed for 9 months parental leave for female civil servants but in contrast, fathers who are civil servants were only entitled to this parental leave if the mother of the child worked in, or exercised, a profession.

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Consistency of treatment in unfair dismissal

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In MBNA Limited v Jones the EAT held that inconsistency of treatment between two employees did not necessarily render the dismissal of one unfair.

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Holiday pay and part-time workers increasing hours

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A reference was made to the ECJ regarding the calculation of holiday pay when a part-time worker increased her hours. This was dealt with in the case of Greenfield v The Care Bureau Limited.

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