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Duty to make reasonable adjustments

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

The EAT has confirmed, in Eastern and Coastal Kent v PCT v Grey, that an employer is only exempt from the duty to make reasonable adjustments if each of the four elements of the test set out in the Disability Discrimination Act 1995 (DDA) is satisfied

Dismissal decision taken in the absence of employees was fair

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • September 10 2010

In Bashir v Sheffield Teaching Hospital NHS Trust, the EAT has held that the claimants' dismissal was fair, notwithstanding that the decision to dismiss had been taken in their absence

ACAS discussion paper on Agency Workers' Directive

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

Employers will be aware of the Government consultation on the implementation of the Agency Workers' Directive in the UK which closed on 31 July 2009

Age discrimination showing justification

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • November 1 2007

In this high profile case a former partner claimed age discrimination against City law firm Freshfields in relation to changes to their retirement arrangements

Costs awards in employment tribunals

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • January 17 2011

Although costs orders are becoming more common, they are still very much the exception rather than the rule in employment tribunal proceedings

Expiry of fixed term contract does not trigger collective consultation duty

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • March 12 2012

In a welcome decision for employers, the Employment Appeal Tribunal (EAT) has held in The University of Stirling v University College Union that the expiry of a fixed term contract is not a “redundancy dismissal” for the purposes of the obligation to collectively consult

Equality Act 2006

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • October 1 2007

The Act establishes a single equality body, the Commission for Equality and Human Rights (CEHR), which from 1 October 2007 replaces the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission and takes over their functions in relation to sex, race and disability discrimination

Dismissal by administrator was automatically unfair, even though no transferee had been identified

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • May 13 2011

The EAT has confirmed that it is not necessary for the eventual transferee to have been identified in order for an employee, dismissed in the run up to a transfer, to claim automatic unfair dismissal by reason of a relevant transfer under TUPE (Spaceright Europe Ltd v Baillavoine & another

New flexible workers regulations

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • May 18 2007

As of 6 April 2007, individuals who are responsible for caring for an adult have been permitted to make flexible working requests

Social media and data protection policies: an employer's warning

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • February 28 2011

Recent high profile stories have again highlighted for employers the issues that potentially arise from use of social media by employees