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United Kingdom Hiring & Firing Disability Discrimination

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

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

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: June 2023

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Our June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more

BCLP

UK HR two-minute monthly: April 2023

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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

Walkers

Holbrey v States Employment Board and Others [2022] TRE 31A

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In Holbrey v States Employment Board and Others [2022] TRE 31A the Jersey Employment and Discrimination Tribunal had to consider a number of potential issues, including disability discrimination for a non-physical disability,...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

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

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Increased Clarity on Disability Discrimination, TUPE Contractual Variations and Unfair Dismissals

Disability Discrimination: Was the Discrimination ‘Because Of’ Disability or ‘But For’ Disability? In Robinson v Department for Work and Pensions [2020] EWCA Civ 859, the Court of Appeal provided helpful guidance on the...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

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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, investigations, women on boards

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If it ain't broke – removing extended absence trigger a failure to make a reasonable adjustment - Removing an extended sickness absence trigger point from an employee with ME/ chronic fatigue syndrome was a failure to make...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Recording Hours Worked, Vento Bands and Disability Discrimination

Must Employers Record All Hours Worked? In Federacion de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE (Case C-55/18), the European Court of Justice (ECJ) considered whether the EU’s Working Time Directive...more

BCLP

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

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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

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Collective Redundancies, Post-Termination Restrictions and Disability Discrimination

Collective Redundancies: What Is an “Undertaking Controlling the Employer?” In Bichat v Aviation Passage Service Berlin GmbH & Co KG [2018] C-6117, the European Court of Justice (ECJ) considered the meaning of an...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Notice of Termination, Disability Discrimination and Summary Dismissals

When Is Notice of Termination Effective? In Newcastle Upon Tyne NHS Foundation Trust v Haywood [2018] UKSC 22, the U.K. Supreme Court upheld last year’s Court of Appeal decision, reported by us here, that where an...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Disability Discrimination, ‘Bumping' in a Redundancy Situation and Service Provisions Changes Under...

Court of Appeal: Disability Discrimination & Reasonable Adjustments - In United First Partners Research v Nicolas Carreras [2018] EWCA Civ 323 the Court of Appeal considered whether an expectation (rather than a...more

Faegre Drinker Biddle & Reath LLP

When Do Employers Have Constructive Knowledge of Disability?

In Donelien v Liberata UK Ltd [2018] EWCA Civ 129, the Court of Appeal considered whether an employer had constructive knowledge of an employee’s disability. Ms Donelien was employed by Liberata UK Limited (Liberata) as a...more

Hogan Lovells

Employment News - November 2017 #2

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Prove it! Right to work in UK meant reason for dismissal not illegality - In Baker v Abellio London Ltd, the EAT confirmed that illegality was not the reason for the dismissal of an employee who had the right to work in...more

Faegre Drinker Biddle & Reath LLP

Beware of Discrimination Pitfalls in Recruitment

In the case of Government Legal Services v Brookes [2017] UKEAT/0302/16/RN, the Employment Appeal Tribunal (EAT) considered whether a job applicant with Asperger’s Syndrome was discriminated against due to the requirement to...more

Hogan Lovells

Employment News - June 2017 #2

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Keep it for later – European Court's Advocate General issues Opinion that the right to paid leave can be carried over if employer has not offered it - According to the preliminary Opinion of the European Court in The Sash...more

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