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- Date:
- 3 January 2019
- Type:
- Commentary and insights
Consultant editor Darren Newman suggests that a recent Supreme Court decision raises more questions than it answers about the tricky issue of what exactly constitutes "unfavourable treatment" because of something arising in consequence of a disability.
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- Type:
- Employment law cases
In Williams v Trustees of Swansea University Pension & Assurance Scheme and another, the Supreme Court held that an employee, whose working hours had been reduced to accommodate his disability, was not treated "unfavourably" when his enhanced pension on ill-health retirement was based on his final part-time salary, rather than his full-time salary.
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- Type:
- Employment law cases
In Awan v ICTS UK Ltd, the Employment Appeal Tribunal (EAT) held that an implied term of the contract of employment prohibited the employer from dismissing the employee for medical capability while he was entitled to receive long-term disability benefits.
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- Type:
- Employment law cases
In Wood v Durham County Council, the Employment Appeal Tribunal (EAT) held that the employee's tendency to steal was a manifestation of his disability and an excluded condition under the Equality Act 2010 (Disability) Regulations 2010.
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- Type:
- Employment law cases
In Evans v Xactly Corporation Ltd, the Employment Appeal Tribunal (EAT) upheld an employment tribunal's ruling that calling a salesperson a "fat ginger pikey" in a working environment with a culture of "jibing and teasing"; was not harassment under the Equality Act 2010.
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- Type:
- Employment law cases
In X v Y Ltd, the Employment Appeal Tribunal (EAT) held that an email containing legal advice on how to disguise a discriminatory dismissal as a redundancy is not protected by legal advice privilege and is admissible as evidence in a tribunal.
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- Type:
- Employment law cases
In South Warwickshire NHS Foundation Trust v Lee and others, the Employment Appeal Tribunal (EAT) held that a decision to withdraw a job offer that was at least partially influenced by a reference that focused on the applicant's sickness absence levels was discriminatory.
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- Type:
- Employment law cases
In Davies v Scottish Courts and Tribunals Service, an employment tribunal upheld the unfair dismissal and disability discrimination claims of a court officer whose menopausal symptoms led to an incident in which she thought her medication had contaminated a water jug.
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- Date:
- 25 May 2018
- Type:
- Commentary and insights
Consultant editor Darren Newman explains how the difference between the test of reasonableness in relation to unfair dismissal and the test for justification in relation to "discrimination arising from disability" led to an interesting - and important - Court of Appeal decision.
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- Type:
- Employment law cases
In City of York Council v Grosset, the Court of Appeal held that the dismissal of a teacher for showing an 18-rated film to his pupils amounted to discrimination arising from his disability, even though the school had not been aware that the teacher's conduct was linked to his disability.