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Results: 1-10 of 18

TUPE: the EAT has held that a transferee is bound by pay increases negotiated post-transfer under a collective agreement to which the transferee is not a party

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • April 8 2009

The EAT has held that a transferee remains bound by pay increases negotiated post-transfer under a collective agreement to which the transferee is not a party in the case of Alemo-Herron v Parkwood Leisure Limited (EAT

Disability discrimination: the EAT has held that an employer's failure to make reasonable adjustments to avoid dismissing a disabled employee was sufficient to render the dismissal itself an act of discrimination

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • November 2 2009

The EAT has held that an employer’s failure to make reasonable adjustments to avoid dismissing a disabled employee was sufficient to render the dismissal itself an act of discrimination in the case of Fareham College Corporation v Walters EAT UKEAT007609

The EAT clarifies Tribunal's approach on making reasonable adjustments under the Disability Discrimination Act

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • June 30 2010

The EAT has held that when determining whether an employer has complied with its duty to make reasonable adjustments under the Disability Discrimination Act 1995 (DDA), the first step is to consider whether making the adjustment would overcome the disadvantage suffered by the disabled person in the case of Wilson v The Secretary of State for Work and Pensions (Job Centre Plus) and Others

New Agency Worker Regulations due to come into force on 1 October 2011 are under review

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • June 30 2010

Regulations to provide that agency workers have the same basic working and employment conditions as permanent staff were due to come into force on 1 October 2011; however, the government has announced that these are to be reviewed

Negligence: LEA who failed to protect a head teacher from bullying and harassment by two school governors found liable for her psychiatric injury

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • November 2 2009

A Court has found that an LEA who failed to protect a Head Teacher from bullying and harassment by two School governors was liable for the psychiatric injury caused in the case of Connor v Surrey County Council, unreported

Compromise agreements: the High Court has held that a compromise agreement was unenforceable as the NHS Trust employer had acted outside its powers by agreeing an "irrationally generous" compensation package

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • November 2 2009

The High Court has held that a compromise agreement was unenforceable as the NHS Trust employer had acted outside its powers by agreeing an "irrationally generous" compensation package in the case of Gibb v Maidstone and Tunbridge Wells NHS Trust 2009 EWHC 862

High Court rules that retirement age is not unlawful

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • March 19 2010

As widely reported, the High Court has ruled that the UK's default retirement age of 65 contained in the Age Discrimination Regulations is not unlawful for now R (on the application of Age UK) v Secretary of State for Business, Innovation and Skills 2009 EWHC 2336 HC) (Heyday

Ministry of Justice's plans to implement judicial mediation in Employment Tribunals

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • April 8 2009

The Ministry of Justice has published its Corporate Plan for 2009-11, which includes proposals to implement judicial mediation in Employment Tribunals

New rules on workers who fall sick during annual leave

  • DMH Stallard LLP
  • -
  • European Union, United Kingdom
  • -
  • March 19 2010

The ECJ has held that, where a worker's pre-arranged annual leave coincides with a period of sick leave, the worker must have the option to reschedule their annual leave to an alternative period under the Working Time Directive Pereda v Madrid Movilidad SA C-27708 (ECJ

The EAT confirms associative discrimination is covered by the DDA

  • DMH Stallard LLP
  • -
  • United Kingdom
  • -
  • June 30 2010

The EAT has held that the Disability Discrimination Act (DDA) covers discrimination by reason of, and harassment related to, a third person's disability (associative discrimination) and suggested additional wording to the DDA to cover this in the case of EBR Attridge LLP and another v Coleman (No 2