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Individual not a worker where contract permitted unlimited substitution
- Shepherd & Wedderburn LLP
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- United Kingdom
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- May 15 2009
Substitution clauses in agreements with contractors have again been looked at by the EAT, this time in the case of Premier Groundworks v Josza
Disability discrimination day-to-day activities on night shifts
- Shepherd & Wedderburn LLP
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- United Kingdom
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- May 15 2009
The EAT has clarified that, where an activity is something that is only done at work, it can still be a "normal day-to-day activity" for the purposes of the Disability Discrimination Act if it is common to different types of employment (Chief Constable of Dumfries and Galloway Constabulary v Adams
Head teacher wins stress claim as result of actions of school's governing body
- Shepherd & Wedderburn LLP
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- United Kingdom
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- May 15 2009
The High Court, in the case of Connor v Surrey County Council, has awarded damages of around £400,000 to a head teacher in respect of the stress she suffered as a result of the actions of members of her school's governing body
NHS Agenda for Change was not discriminatory
- Shepherd & Wedderburn LLP
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- United Kingdom
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- May 15 2009
An employment tribunal has, at a pre-hearing review, rejected a challenge to the introduction into the NHS of the "Agenda for Change" (AfC) pay structure and, in particular, the three pay protection arrangements that the Trusts have put in place in order to provide a cushion for employees who would otherwise have suffered a pay reduction (Hartley and others v Northumbria NHS Foundation Trust and others
Employment terminated on the date that pay was stopped
- Shepherd & Wedderburn LLP
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- United Kingdom
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- May 15 2009
The Court of Appeal has held that stopping an employee's pay while he was suspended on full pay demonstrated a clear intention to terminate his employment
NHS Trust acted outside its powers in agreeing an "irrationally generous" compensation payment
- Shepherd & Wedderburn LLP
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- United Kingdom
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- May 15 2009
The High Court has held that a compensation payment agreed by the NHS Trust with a departing chief executive was "irrationally generous" and therefore beyond the Trust's legal powers
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
Serial litigants exposed
- Shepherd & Wedderburn LLP
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- United Kingdom
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- December 10 2009
Employers sometimes wonder if a claim against them is being brought by a serial litigant, making money because employers will often settle rather than face the time and costs involved in tribunal proceedings
Barrier to professional advancement not adverse effect under DDA
- Shepherd & Wedderburn LLP
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- United Kingdom
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- September 17 2009
In Chief Constable of Lothian and Borders Police v Cumming, the EAT has held that a person's inability to meet the physical requirements for entry into a profession is not a relevant adverse effect on that person's ability to carry out normal day-to-day activities for the purposes of establishing disability under the Disability Discrimination Act
Employees dismissed for taking part in unofficial action cannot claim unfair dismissal
- Shepherd & Wedderburn LLP
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- United Kingdom
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- September 17 2009
The EAT has ruled on the unfair dismissal claims of a number of employees dismissed by Gate Gourmet for taking part in unofficial industrial action (Sehmi v Gate Gourmet London Ltd
Current Search
- Workarea - Employment & Labor
- Workarea - Litigation
- Jurisdiction - United Kingdom
- Firm Name - Shepherd & Wedderburn LLP
- Author - Kim Pattullo