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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
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United Kingdom
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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

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
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United Kingdom
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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

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
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United Kingdom
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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

Race discrimination: the EAT has held that Leeds City Council is potentially liable for the act of one of its employees who discriminated against an employee of one of its service providers

DMH Stallard LLP
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United Kingdom
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November 2 2009

The EAT has held that Leeds City Council is potentially liable for the act of one of its employees, who discriminated against an employee of one of its service providers, in the case of Leeds City Council v Woodhouse and others 2009

Repeal of the statutory dispute and disciplinary procedures: details of transitional provisions now available

DMH Stallard LLP
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United Kingdom
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April 8 2009

The statutory dismissal and dispute procedures (SDDPs) have now been repealed with effect from 6 April 2009

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

DMH Stallard LLP
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United Kingdom
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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

Statutory payments rates - increases effective from 6 April 2009

DMH Stallard LLP
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United Kingdom
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April 8 2009

As from 6 April 2009, the weekly statutory payments rates will increase as follows

Sexual Orientation Regulations - homophobic banter towards an individual could amount to harassment even where the individual is not gay and nor do his tormentors believe him to be so

DMH Stallard LLP
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United Kingdom
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April 8 2009

In English v Thomas Sanderson Limited 2008 the Court of Appeal has held by a majority that "homophobic banter" directed at an employee could be harassment under the Sexual Orientation Regulations, even where the victim was not gay; his "harassers" did not believe him to be gay; and he knew that his "harassers" did not believe him to be gay

TUPE and the Acquired Rights Directive: the EAT has held that a transferee is not obliged to consult, after the transfer, about measures it envisages taking in respect of transferred employees

DMH Stallard LLP
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United Kingdom
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April 8 2009

The EAT has held that neither TUPE nor the Acquired Rights Directive (ARD) requires a transferee to consult, after the transfer, about measurers it envisages taking in respect of transferring employees in the case of UCATT v Amicus EAT

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
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United Kingdom
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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