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Equality, diversity and human rights

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  • Date:
    29 October 2007
    Type:
    Employment law cases

    Disability discrimination: Taking promotional exams was a normal day-to-day activity

    In Paterson v Commissioner of Police of the Metropolis [2007] IRLR 763, the EAT held that a policeman who suffered from dyslexia, which disadvantaged him when undergoing assessment for promotion, had an impairment that had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. The dyslexia therefore amounted to a disability within the meaning of the Disability Discrimination Act 1995.

  • Date:
    29 October 2007
    Type:
    Employment law cases

    Equal pay: Employees may rely on comparators rated lower under a job evaluation study

    The Court of Appeal ruled in Redcar and Cleveland Borough Council v Bainbridge and others [2007] EWCA Civ 929 that a woman claiming equal pay may rely on a job evaluation study even where the woman's job has been assigned a higher value than that of her comparator.

  • Date:
    29 October 2007
    Type:
    Employment law cases

    Harris v NKL Automotive Ltd and Matrix Consultancy UK Ltd

    In Harris v NKL Automotive Ltd and Matrix Consultancy UK Ltd EAT 0134/07, the Employment Appeal Tribunal (EAT) has upheld an employment tribunal's finding that a requirement to have tidy hair did not indirectly discriminate against a Rastafarian who wore his hair in dreadlocks.

  • Date:
    17 October 2007
    Type:
    Employment law cases

    Félix Palacios de la Villa v Cortefiel Servicios SA

    In Félix Palacios de la Villa v Cortefiel Servicios SA Case C-411/05, the European Court of Justice (ECJ) has given its judgment that the Equal Treatment Directive (2000/78/EC) does not preclude a Spanish law permitting clauses in collective agreements that allow employees to be compulsorily retired when they reach a specified age.

  • Date:
    2 October 2007
    Type:
    Employment law cases

    Equal pay: Meaning of 'same employment'

    In South Tyneside Metropolitan Borough Council v Anderson and others [2007] IRLR 715, the Court of Appeal has held that employees and their comparators who worked at different establishments, but whose contractual terms and conditions were derived from the same collective agreement, were in the same employment within the meaning of s.1(6) of the Equal Pay Act 1970.

  • Type:
    Employment law cases

    Case round-up

    Judith Harris, professional support lawyer at Addleshaw Goddard, outlines the latest legal rulings.

  • Date:
    23 August 2007
    Type:
    Employment law cases

    Romec Ltd v Rudham

    In Romec Ltd v Rudham EAT/0069/07, the Employment Appeal Tribunal (EAT) has held that an employment tribunal erred in its approach to deciding whether or not an employer's failure to extend a disabled employee's phased return to work was a breach of the duty to make reasonable adjustments.

  • Date:
    18 July 2007
    Type:
    Employment law cases

    Maternity leave: Right to return to work

    In Blundell v The Governing Body of St Andrew's Catholic Primary School and another EAT/0329/06 the Employment Appeal Tribunal held that a teacher returning to work following maternity leave was not entitled to return to the same class that she had been teaching when her maternity leave began.

  • Date:
    11 July 2007
    Type:
    Employment law cases

    Disability discrimination: No obligation to continue to pay full sick pay to disabled employee

    In O'Hanlon v Commissioners for Inland Revenue & Customs [2007] IRLR 404 CA, the Court of Appeal held that the Disability Discrimination Act 1995 does not require an employer to continue paying a disabled employee whose entitlement to sick pay has been exhausted by disability-related absence.

  • Date:
    11 July 2007
    Type:
    Employment law cases

    Victimisation: Employer went beyond what was reasonable

    In St Helens Metropolitan Borough Council v Derbyshire and others [2007] IRLR 504 HL, the House of Lords held that an employer that wrote to a number of equal pay litigants and their colleagues warning of potential job losses if they continued with their claims victimised them contrary to the Sex Discrimination Act 1975.

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