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Results: 1-10 of 287

Failure to make reasonable adjustments can render a dismissal unlawful
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

Where a dismissal could have been avoided by making a reasonable adjustment (such as a phased return to work or a move to a different job), the employer's failure to make the reasonable adjustment meant that the dismissal itself amounted to discrimination under the Disability Discrimination Act


Attempts at conflict resolution did not prevent disciplinary action
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

In West London Mental Health NHS Trust v Sarkar, the EAT held that the employer's actions in seeking to resolve complaints against Mr Sarkar through an internal "Fair Blame Policy", designed to deal with less serious matters, did not mean that his subsequent dismissal for gross misconduct was unfair or outside a range of reasonable responses open to the employer


Sleeping-in allowance counts towards minimum wage
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

The case of Smith v Oxeter Learning Disability NHS Trust concerned a worker who was contracted to work 15 hours per week at a residential care home and occasionally required to sleep at the care home to be on call for night duty


Meaning of "likely" under the DDA
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

The House of Lords has held that the phrase 'likely to recur' in relation to the definition of disability under the Disability Discrimination Act must be given a wide meaning (SCA Packaging Limited v Boyle


TUPE and insolvency
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

The Court of Appeal has heard the appeal in Oakland v Wellswood (Yorkshire) Ltd


Employment status in the construction industry
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

HM Revenue and Customs has published a consultation on "false self-employment in construction", in which it proposes that workers in the construction industry will be treated as being in receipt of employment income for tax purposes and therefore subject to National Insurance contributions and tax unless they meet one of three criteria


ACAS report shows substantial increase in claims
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

In its recently published annual report for 200809, ACAS notes the substantial increase of 22 in the number of unfair dismissal cases referred to it for arbitration and conciliation


TUPE and liability for equal pay
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2009

The Court of Appeal has upheld the decision of the EAT, in Gutridge v Sodexo, that following a TUPE transfer a transferee can be liable for the transferor's equal pay breaches


The Financial Services Bill
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • 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


When is an employer exempt from the duty to make reasonable adjustments?
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • 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