Latest case reports added to HR & Compliance Centre
We provide a round-up of case reports added to XpertHR this week, covering: age discrimination; equal pay; disability discrimination; and legal representation.
- Age discrimination: Length-of-service criterion as part of redundancy selection matrix does not of itself amount to age discrimination In Rolls-Royce plc v Unite [2009] EWCA Civ 387 CA, the Court of Appeal held that a redundancy selection matrix set out in a 2003 collective agreement was not automatically rendered unlawful following the implementation of the age discrimination legislation in 2006. (Employment Review)
- Equal pay: Claimant must show "real possibility" that comparator at different establishment could be employed at her establishment in same or broadly similar job In Dumfries and Galloway Council v North and others EATS/0047/08, the EAT held that comparators who worked at different establishments for a common employer, but would never realistically be employed at the same establishments as the claimants, were not "in the same employment" as the claimants for the purposes of the Equal Pay Act 1970. (Employment Review)
- Disability discrimination: Night-shift working was normal day-to-day activity In Chief Constable of Dumfries & Galloway v Adams EATS/0046/08, the Scottish EAT held that a police officer with myalgic encephalomyelitis whose symptoms caused him mobility problems at the end of night shifts was a disabled person for the purposes of the Disability Discrimination Act 1995. (Employment Review)
- Legal representation: Court ruling strengthens the case for legal representation at internal hearings In Kulkarni v Milton Keynes Hospital NHS Foundation Trust and another [2009] EWCA Civ 789 CA, the Court of Appeal held that a doctor should be allowed to be accompanied by a lawyer at a disciplinary hearing in circumstances where he or she is facing charges that are of such gravity that, in the event they are proven, he or she will effectively be barred from employment in the NHS. (Personnel Today)
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