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When is an employer exempt from the duty to make reasonable adjustments?

Shepherd & Wedderburn LLP
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United Kingdom
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December 10 2009

The DDA provides that an employer is not required to make reasonable adjustments to a provision, criterion or practice (PCP) where the employer does not know, and could not reasonably be expected to know, that the person is disabled and likely to be placed at a disadvantage in relation to the PCP

The Financial Services Bill

Shepherd & Wedderburn LLP
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United Kingdom
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December 10 2009

HM Treasury has now published the Financial Services Bill which, if enacted, will give the Treasury power to make Regulations concerning the disclosure of remuneration and will require the FSA to require regulated companies to have remuneration policies that are consistent with effective risk management and international standards, including those adopted by the G20

Holidays and sick pay where are we now?

Shepherd & Wedderburn LLP
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European Union, United Kingdom
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December 10 2009

From our recent E-Bulletins on the evolving issue of how statutory holiday relates to sick leave, you will know how complex this area has become

Damages for "stigma" loss flowing from the pursuit of a claim

Shepherd & Wedderburn LLP
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United Kingdom
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December 10 2009

The Court of Appeal has held, in the case of Chagger v Abbey National plc, that an employer who unlawfully discriminates in dismissing an employee can be liable for compensation reflecting the stigmatising consequences of the dismissal and the proceedings, for example where the employee finds it difficult to get new employment because he is suing his former employer

Courts address conflict between religious belief and sexual orientation

Shepherd & Wedderburn LLP
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United Kingdom
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December 10 2009

The EAT has held that a Christian relationship counsellor, dismissed because he did not feel that he could provide psycho-sexual counselling to same-sex couples as it conflicted with his religious beliefs, failed in his claim for discrimination (McFarlane v Relate Avon Limited

The Agency Workers Regulations

Shepherd & Wedderburn LLP
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United Kingdom
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December 10 2009

As we reported last month, the government recently launched a second consultation on draft Regulations to implement the Temporary Agency Workers Directive

Consultation on amendments to implement recast European Works Council Directive

Shepherd & Wedderburn LLP
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European Union, United Kingdom
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December 10 2009

Under the existing European Works Council Directive, multinationals based in the EU are required to keep employees informed of developments at a European level

Overtime or shift payments do not count towards the National Minimum Wage (NMW)

Shepherd & Wedderburn LLP
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United Kingdom
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December 10 2009

The EAT has confirmed that, in determining whether a worker has received the NMW, the amount by which any overtime or shift payment exceeds the lowest hourly rate payable to a worker should not be taken into account

Corporate governance and regulation of remuneration

Shepherd & Wedderburn LLP
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United Kingdom
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December 10 2009

The FSA Code on remuneration practices comes into force on 1 January 2010

Spiritualism can be a religious or philosophical belief

Shepherd & Wedderburn LLP
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United Kingdom
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December 10 2009

Following the decision that a belief in climate change can be protected by the 2003 Religion or Belief Regulations, the EAT has now confirmed that a belief in the use of mediums is similarly entitled to protection from discrimination