Case report round-up: Difference between "despondency, demotivation and anxiety" and "clinical depression"

XpertHR's latest case reports cover:

  • Disability discrimination: Difference between "despondency, demotivation and anxiety" and "clinical depression" In J v DLA Piper UK LLP [2010] IRLR 936 EAT, the Employment Appeal Tribunal (EAT) held that, in considering whether or not the employee was disabled, the tribunal was wrong to exclude the evidence of a GP as being "not expert". In remitting the case to the tribunal, it emphasised that there is a difference between "despondency, demotivation and anxiety" caused by problems at work and "clinical depression". (Employment Review)
  • Equal pay: "Stable employment relationship" broader than contractual terms In North Cumbria University Hospitals NHS Trust v Fox and others sub nom Potter and others v North Cumbria Acute Hospitals NHS Trust and others (No.2) [2010] IRLR 804 CA, the Court of Appeal held that those parts of the claimants' equal pay claims that pre-dated significant changes to contractual terms were not out of time. Irrespective of the changes to contractual terms that had occurred, it was plain that there had been a "stable employment relationship" throughout for the purposes of s.2ZA of the Equal Pay Act 1970. (Employment Review)
  • Pregnancy-related gossip constituted harassment In Nixon v Ross Coates Solicitors and another EAT/0108/10, the EAT held that employee gossip relating to the claimant's pregnancy, which the respondent failed to control, constituted harassment. The respondent's subsequent refusal to allow the claimant to transfer to a different office constituted sex and pregnancy-related discrimination. (Personnel Today)

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