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Indirect discrimination and "group disadvantage"
- Shepherd & Wedderburn LLP
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- United Kingdom
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- August 11 2011
The EAT has allowed an appeal of the case of Chatwal v Wandsworth Borough Council against a decision of the Tribunal that a requirement to clean a communal fridge did not amount to indirect religious discrimination against Sikhs, on the basis that the claimant could not show that a significant number of others of the same religion shared his belief that he could not touch or come into contact with meat, and so he could not establish "group disadvantage"
Employee remanded in custody not entitled to wages
- Shepherd & Wedderburn LLP
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- United Kingdom
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- June 10 2011
The EAT has held, in the case of Burns v Santander UK plc, that an employee who is remanded in custody for six months while awaiting trial was not entitled to claim wages for that period
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
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
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
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
Current Search
- Workarea - Public
- Workarea - Litigation
- Firm Name - Shepherd & Wedderburn LLP
- Jurisdiction - United Kingdom
- Author - Neil Maclean