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Immigration and race discrimination

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • April 9 2009

The decision by a UK law firm to reject a job application on the grounds that the applicant for the job did not have permission to work in the UK has been held by the EAT to constitute indirect race discrimination

TUPE update

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • March 12 2009

Recent decisions of the EAT have considered (1) whether TUPE applies where services are fragmented following a re-tendering exercise and (2) how collectively agreed terms apply post-transfer

Consultant was in breach of confidentiality obligations

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • June 11 2009

The High Court has held that a consultant was in breach of obligations of confidentiality to a former client, when he misused confidential information to develop a competing product for another party (Vestergaard Frandsen AS and others v Bestnet Europe Limited and others

Equal pay and "piggyback" claims

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • July 10 2009

In McAvoy v South Tyneside Borough Council, female employees of three local councils who worked in predominantly female jobs brought equal pay claims under the Equal Pay Act 1970 (EqPA) arguing that their work was of equal value to men working in predominantly male jobs but who received extra bonuses

Failure to make reasonable adjustments can render a dismissal unlawful

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • August 13 2009

Where a dismissal could have been avoided by making a reasonable adjustment (such as a phased return to work or a move to a different job), the employer's failure to make the reasonable adjustment meant that the dismissal itself amounted to discrimination under the Disability Discrimination Act

Carol Thatcher: fair cop or thought police victim?

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • February 17 2009

The events that led the BBC to sever its relationship with Carol Thatcher have parallels in every workplace and are a reminder of some of the basic issues of discrimination law

Information Commissioner orders council to disclose job application forms

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • February 17 2009

The Information Commissioner has issued a decision notice ordering a local authority to disclose a summary of data on the job application forms of other candidates, including the successful applicants, or alternatively copies of their application forms with personal data removed

ECJ confirms that the UK compulsory retirement age is capable of justification

  • Shepherd & Wedderburn LLP
  • -
  • European Union, United Kingdom
  • -
  • March 6 2009

The European Court of Justice (ECJ) has confirmed that the compulsory retirement provisions of the Age Discrimination Regulations are capable of being justified

Terminating agency workers in a downturn what will change when the Agency Workers Directive is implemented?

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • March 12 2009

BMW was criticised for being opportunist when it recently terminated the engagement of a large number of agency workers at its Mini manufacturing plant in Cowley, Oxford, giving them only one hour's notice

Working time opt-out

  • Shepherd & Wedderburn LLP
  • -
  • European Union, United Kingdom
  • -
  • March 13 2009

The European Commission has rejected the European Parliament's proposal to discontinue the opt-out from the maximum average 48-hour week