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- Type:
- Employment law cases
We round up three employment tribunal decisions in which large employers were found to have breached the duty to make reasonable adjustments for disabled employees under the Equality Act 2010.
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- Type:
- Employment law cases
In Curless v Shell International Ltd, the Court of Appeal upheld the tribunal decision that an email that contained legal advice on how to avoid a discriminatory dismissal is protected by legal privilege because it was not advice to act in an "underhand or iniquitous way".
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- Date:
- 17 September 2019
- Type:
- Commentary and insights
The Equality Act 2010 imposes a positive obligation on employers to make reasonable adjustments that will assist disabled individuals. While employers may be familiar with the duty, sometimes it is not straightforward deciding what is "reasonable". We explore some of the key factors as we look at seven situations where adjustments were found to be reasonable.
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- Type:
- Employment law cases
In Birtenshaw v Oldfield, the Employment Appeal Tribunal held that the tribunal does not need to be satisfied that the adoption of lesser measures would have necessarily prevented the unfavourable treatment in a discrimination arising from disability claim.
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- Date:
- 3 September 2019
- Type:
- Podcasts and webinars
We discuss common issues associated with dismissal for long-term poor attendance recently highlighted in the EAT decision of Kelly v Royal Mail Group.
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- Date:
- 21 August 2019
- Type:
- Commentary and insights
The protection against discrimination arising from disability under s.15 of the Equality Act 2010 is framed to give HR sleepless nights. Jason Braier explains why as he looks at how the courts and tribunals are construing "something arising".
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- Type:
- Employment law cases
In Chief Constable of Norfolk v Coffey, the Court of Appeal upheld the tribunal decision that a police constabulary had directly discriminated against an officer because of its perception that her medical condition could develop into a disability in the future.
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- Type:
- Employment law cases
In Kelly v Royal Mail Group Ltd, the Employment Appeal Tribunal held that a long-serving employee's dismissal for frequent absences in accordance with the employer's attendance policy was harsh but fair.
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- 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.