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Information Commissioner orders council to disclose job application forms

Shepherd & Wedderburn LLP
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United Kingdom
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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

GEO publishes guidance on new public sector duties

Shepherd & Wedderburn LLP
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United Kingdom
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February 11 2010

The Government Equalities Office ("GEO") has published guidance on the new public-sector duty to reduce socio-economic inequalities contained in the Equality Bill

Employee in breach of implied duty of trust and confidence cannot claim constructive dismissal

Shepherd & Wedderburn LLP
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United Kingdom
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March 11 2010

The EAT has held, in the case of Aberdeen City Council v McNeill, that an employee, who at the time of their resignation is themselves in breach of the implied duty of trust and confidence, is not entitled to claim constructive dismissal on the basis of the employer's breach of trust and confidence

Civil service redundancy payments to be capped

Shepherd & Wedderburn LLP
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United Kingdom
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August 13 2010

The Government has "reluctantly" announced that it will legislate as soon as possible to cap redundancy pay for civil servants, bringing packages into line with best practice in the private sector

Jewish faith school directly discriminated on grounds of ethnic origin

Shepherd & Wedderburn LLP
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United Kingdom
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January 14 2010

The Supreme Court has held, in the case of R v Governing Body of JFS, that the school admissions policy of a Jewish faith school, JFS, fell foul of the Race Relations Act 1976, as it was directly discriminatory on the grounds of ethnic origin

Repudiatory breach of contract cannot be "cured"

Shepherd & Wedderburn LLP
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United Kingdom
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March 11 2010

The Court of Appeal has confirmed, in the case of Buckland v Bournemouth University, that the question of whether there has been a fundamental breach should be assessed objectively and that a fundamental breach of contract cannot be "cured" by the party in breach

Teachers not banned from BNP membership

Shepherd & Wedderburn LLP
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United Kingdom
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April 9 2010

The Government has accepted the conclusion of an independent review that teachers should not be banned from the profession for being members of the BNP

Reasonable adjustments swapping jobs

Shepherd & Wedderburn LLP
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United Kingdom
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June 11 2010

In the recent case of Chief Constable of South Yorkshire Police v Jelic, the EAT held that a reasonable adjustment for the purposes of the Disability Discrimination Act can include swapping the job of a disabled employee with that of another employee

EAT decision on combined indirect sex and race discrimination

Shepherd & Wedderburn LLP
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United Kingdom
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November 17 2009

In Ministry of Defence v DeBique, the EAT upheld a tribunal's decision that a female soldier from a Commonwealth country, who was also a single parent, was indirectly discriminated against on the grounds of sex and race

Age discriminatory pay protection always potentially justifiable

Shepherd & Wedderburn LLP
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United Kingdom
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November 12 2009

In Pulham v London Borough of Barking and Dagenham, the EAT has held that, unlike the position in relation to sex discrimination and equal pay, pay protection arrangements that discriminate on the basis of age are always potentially justifiable