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- Date:
- 24 May 2019
- Type:
- Employment law cases
In Owen v Amec Foster Wheeler Energy Ltd and another, the Court of Appeal held that refusing to allow a disabled employee to undertake an overseas posting due to medical concerns did not amount to direct disability discrimination.
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- Date:
- 12 April 2019
- Type:
- Commentary and insights
Many men and women still view menstruation as a taboo topic and feel uncomfortable talking about periods, even though they affect 51% of the UK population at some point in their life. Natalie Taylor looks at whether period pain can constitute a disability and at ways employers can support women with more severe symptoms.
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- Date:
- 10 April 2019
- Type:
- Employment law cases
In Linsley v Revenue and Customs Commissioners, the Employment Appeal Tribunal held that the employer's discretionary car parking policy was a relevant factor to be taken into account in determining the issue of reasonable adjustments, as was the particular disadvantage suffered by the employee, namely the stress of searching for a parking place.
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- Date:
- 25 March 2019
- Type:
- Employment law cases
In Flemming v East of England Ambulance Services NHS Trust, an employment tribunal held that an NHS Trust discriminated against a mentally ill employee by dismissing him for gross misconduct following his failure to attend a sickness absence review meeting and occupational health appointments.
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- Date:
- 25 February 2019
- Type:
- Commentary and insights
Equality is high on the agenda of most NHS employers. As well as being subject to the gender pay gap reporting regime, NHS employers are required to comply with an equality standard in relation to race, and from April 2019 will be required to comply with a standard on disability. Nicky Green from law firm Capsticks explores what the standards mean for NHS employers.
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- Date:
- 10 January 2019
- Type:
- Employment law cases
In Asda Stores Ltd v Raymond, the Employment Appeal Tribunal (EAT) upheld the tribunal decision that the employer's failure to conduct a reasonable investigation and to take reasonable care during the disciplinary process made the employee's dismissal unfair. The EAT also upheld the tribunal's ruling that his dismissal arose from his disability.
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- Date:
- 3 January 2019
- Type:
- Commentary and insights
Consultant editor Darren Newman suggests that a recent Supreme Court decision raises more questions than it answers about the tricky issue of what exactly constitutes "unfavourable treatment" because of something arising in consequence of a disability.
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- Date:
- 18 December 2018
- Type:
- Employment law cases
In Williams v Trustees of Swansea University Pension & Assurance Scheme and another, the Supreme Court held that an employee, whose working hours had been reduced to accommodate his disability, was not treated "unfavourably" when his enhanced pension on ill-health retirement was based on his final part-time salary, rather than his full-time salary.
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- Date:
- 5 December 2018
- Type:
- Employment law cases
In Awan v ICTS UK Ltd, the Employment Appeal Tribunal (EAT) held that an implied term of the contract of employment prohibited the employer from dismissing the employee for medical capability while he was entitled to receive long-term disability benefits.
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- Date:
- 29 November 2018
- Type:
- Employment law cases
In Wood v Durham County Council, the Employment Appeal Tribunal (EAT) held that the employee's tendency to steal was a manifestation of his disability and an excluded condition under the Equality Act 2010 (Disability) Regulations 2010.