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Employer Liability Issues Disability Discrimination United Kingdom

BCLP

Privilege And Iniquity, Whistleblowing Reports, Discrimination As A Repudiatory Breach And A News Round-Up

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Our employment law update for August covers a case about the iniquity exception to legal privilege, a whistleblowing case involving a long-delayed judgment and third party reports, and a case on whether discriminatory actions...more

Littler

Awareness to Action: The Progress and Future of UK Disability Laws

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Following Disability Pride Month, we look to the past, present and future to examine how rights for people with disabilities in the workplace have developed in the UK and could develop further, before giving some practical...more

BCLP

UK HR Two-Minute Monthly: May 2024

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Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

BCLP

UK HR Two-Minute Monthly: April 2024

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Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Littler

New UK Regulations to Preserve EU-Derived Equality Principles

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The UK Government has introduced draft regulations to preserve in domestic law certain discrimination rights and principles derived from EU law which might otherwise fall away or be departed from following the Retained EU Law...more

Littler

UK: World Menopause Day 2023 - What Developments Have We Seen This Year?

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Many employers spent World Menopause Day 2023 showcasing their support for employees. The spotlight on supporting employees with menopause continues to shine, both from a DEI perspective and also from recent cases in the UK...more

Littler

UK: Non-visible Disabilities at Work: How to Take Action and Make an Impact

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Approximately 23% of the working-age population in the UK reported that they were disabled in January to March 2023 (so almost 1 in 4 working people), and it is estimated 70-80% of disabilities are non-visible. With this...more

BCLP

UK HR Two Minute Monthly: September 2023

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Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more

BCLP

UK HR Two-Minute Monthly: July 2023

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Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more

BCLP

UK HR two-minute monthly: April 2023

BCLP on

Our April update includes cases on religious belief discrimination in the education sector, with a school chaplain preaching to pupils his views on same-sex marriage, a case considering whether the potentially disruptive...more

BCLP

UK HR two-minute monthly: marital status discrimination, private WhatsApp messages as tribunal evidence, sickness...

BCLP on

Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more

Littler

UK tribunal rules long-COVID capable of being a disability under the Equality Act

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An employment tribunal in the UK has for the first time ruled that a person’s long-COVID is a disability protected by the Equality Act 2010. However, we must be cautious in assuming that from now on all instances of...more

Hogan Lovells

Try it out - ill health dismissal discrimination when alternative role not properly trialled

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Dismissing an employee for long term sickness absence could be discrimination arising from a disability if an employer cannot show that the dismissal is objectively justified. The recent UK EAT decision in Department for Work...more

Hogan Lovells

UK government consults on mandatory disability reporting

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When the UK government announced its national disability strategy in July, it promised to consult on whether to make disability reporting mandatory for employers with 250 or more employees. The consultation paper has now been...more

BCLP

UK HR Two Minute Monthly: COVID-19 automatically unfair dismissal; objective justification to discrimination arising from...

BCLP on

Our August 2021 update considers recent developments in employment law, including a significant case on section 100(e) automatically unfair dismissals during the COVID-19 lockdown, and cases on disability discrimination and...more

Hogan Lovells

Jam tomorrow - employment implications of UK's national disability strategy

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The UK government has published its national disability strategy, which is designed to help reduce the disability employment gap and ensure that disability is not a barrier to someone’s ability to reach their full potential....more

Hogan Lovells

After the event - medical evidence obtained after an ill-health dismissal not relevant to fairness

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Managing an employee who has persistent short or medium term ill-health absence is difficult for an employer. Dismissing an employee whose attendance is unlikely to improve may be fair, but this will often depend on medical...more

Littler

UNITED KINGDOM: COVID-19 (Coronavirus) – Employer FAQs

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The spread of the novel coronavirus (COVID-19) across the globe remains a significant concern in the workplace. Employers are confronting difficult questions regarding how to handle safety and health rules, travel...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Hogan Lovells

Employment News: disability, jurisdiction, covenants

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Timing is everything – acts pre-dating disability not discrimination - The EAT decision in Tesco Stores Ltd v Tennant confirmed that an employee could not bring a discrimination complaint in relation to acts that pre-dated...more

Hogan Lovells

Employment News: sexual harassment, bereavement leave, disability

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Continuing focus on sexual harassment - The EHRC has published technical guidance on sexual harassment and harassment at work, while the Government Equalities Office launched a survey on people's experience of sexual...more

A&O Shearman

Anonymous email and overheard pub conversation in disability discrimination claim

A&O Shearman on

A leaked email between lawyers and an overheard conversation between lawyers in a pub, both concerning redundancy, were not admissible as evidence in disability discrimination proceedings in the Employment Tribunal. The...more

Hogan Lovells

Employment News: Disability, Whistleblowing, Age

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Perception is king – rejection for hearing impairment perceived disability discrimination - In The Chief Constable of Norfolk v Coffey the Court of Appeal confirmed that rejecting a transfer request from someone with a...more

BCLP

HR Two Minute Monthly: disability discrimination; injury to feelings; unfair dismissal

BCLP on

Our June update considers recent developments in employment law, including cases on disability discrimination, injury to feelings and unfair dismissal for inappropriate promotion of religion. We also outline other points of...more

Hogan Lovells

Employment News: shared parental leave, working time, disability discrimination

Hogan Lovells on

Fatherhood penalty – statutory shared parental pay not discriminatory - In Ali v Capita Customer Management Ltd and The Chief Constable of Leicestershire Police v Hextall the Court of Appeal confirmed that paying enhanced...more

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