On appeal

This report relates to 3 case(s)

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  Barros D’sa v University Hospital Coventry and Warwickshire NHS Trust [2001] IRLR 691 CA (1 other report)

  • Disciplinary procedure: Employer prevented from acting outside contractual disciplinary procedure

    Date:

    1 October 2001

    The Court of Appeal holds in Barros D'Sa v University Hospital Coventry and Warwickshire NHS Trust, sued as Walsgrave Hospital NHS Trust that an employer that dealt with allegations of an employee's misconduct by way of an inquiry panel, constituted under its disciplinary procedure to find facts and make recommendations as to any disciplinary action to be taken, was not entitled at a subsequent disciplinary hearing to take account of matters in respect of which the panel made no findings.

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  Cosgrove v Caesar & Howie [2001] IRLR 653 EAT (5 other reports)

  • EAT refuses to interfere with tribunals injury award

    Date:

    1 February 2002

    A £10,000 award for sexual harassment has been upheld on appeal even though the appeals tribunal described the level of compensation as 'generous'.

  • Disability discrimination: Employee's inability to suggest adjustments did not affect employer's duty

    Date:

    28 January 2002

    In Cosgrove v Caesar & Howie, the EAT holds that an employment tribunal erred in law in holding that, because the disabled employee in this case and her doctor could not suggest any adjustments that might enable her to return to work after a year's absence due to depression, there had been no breach of the employer's statutory duty to make reasonable adjustments.

  • Case roundup: Disability discrimination and tribunal time limits

    Date:

    18 December 2001

    This week's case roundup, covering the correct comparator for a disability discrimination claim and extending the time limit for submitting a defence.

  • Applicant does not have to show reasonable adjustment

    Date:

    1 September 2001

    In Cosgrove v Caesar & Howie the EAT has ruled that the burden is on the employer to show that there was no duty of reasonable adjustment in respect of a disabled person, rather than on the disabled person to show what adjustment would have been reasonable.

  • Interpreting the DDA - part 2: discrimination, justification and adjustment

    Date:

    1 July 2001

    The meaning of the Disability Discrimination Act 1995 (DDA) as it has been interpreted by the employment tribunals and the appellate courts is examined here in the second of a two-part series. Part One (EOR 94) looked at the meaning of "disability".

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  Hogan v Cambridgeshire County Council [2001] All ER (D) 482 (Jul) EAT (3 other reports)

  • Pregnant fixed-term workers gain protection of the law

    Date:

    1 December 2001

    In a landmark ruling, a worker was unlawfully dismissed even though she hid her pregnancy at interview and was unable to fulfil most of her contract. Plus cases on when sickness-related dismissal will be safe from disability discrimination claims, and how not to conduct an unfair dismissal settlement.

  • Case roundup: Long-term sickness and settling claims

    Date:

    27 November 2001

    This week's case roundup, covering frustration of a contract as a result of long-term sickness and settling claims.

  • Frustration of contract: Contract frustrated by long-term sickness

    Date:

    1 November 2001

    In Hogan v Cambridgeshire County Council, the EAT upheld the finding of an employment tribunal that an employee's contract of employment had been frustrated by long-term incapacity due to sickness.