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32 results found

Article

Herbert Smith Freehills LLP | United Kingdom | 6 Jul 2018

UK: Disability discrimination - need to consider possible link between misconduct and an employee’s disability before deciding disciplinary action

When disciplining a disabled employee, employers need to consider carefully whether they should obtain medical evidence on any possible link between

Article

Herbert Smith Freehills LLP | United Kingdom | 7 Feb 2018

UK: Disability - employers acting on wrong assumptions about medical conditions risk perceived disability discrimination claims

Employers should take extra care when considering rejecting a job applicant because of a concern that a health condition is likely to deteriorate

Article

Herbert Smith Freehills LLP | United Kingdom | 17 Feb 2017

UK: Disability-related discrimination - extra care needed when dismissing for misconduct

Employers should take extra care when disciplining a disabled employee for conduct which could be connected with the disability. In City of York

Article

Herbert Smith Freehills LLP | United Kingdom | 18 Dec 2015

UK: Disability discrimination: cases highlight recruitment risks for employers in relation to references and interview

Where a prospective employer receives an unsatisfactory reference about an applicant's suitability for a role, in circumstances where they have been

Article

Herbert Smith Freehills LLP | United Kingdom | 18 Dec 2015

Disability discrimination: duty to make reasonable adjustments to attendance management policy

Employers should take particular care when applying an attendance management policy to disabled employees. Overruling previous EAT authority (see our

Article

Herbert Smith Freehills LLP | United Kingdom | 8 Apr 2015

UK: disability: Type 2 diabetes controlled by abstention from sugary drinks is not disability, according to EAT

Type 2 diabetes is not necessarily a disability for employment purposes, according to the EAT. A claimant did not satisfy the definition of

Article

Herbert Smith Freehills LLP | United Kingdom | 5 Sep 2014

UK: New resources flexible work form, SPL guide, illegal work, disabled employees

The Government has published the following new resources for employers: a standard form for employees to use when making a flexible working

Article

Herbert Smith Freehills LLP | United Kingdom, European Union | 1 Sep 2014

Round-up of UK employment law developments in JulyAugust 2014

The Advocate General of the ECJ has given his opinion rejecting the contention that EU law prohibits discrimination on the ground of obesity per se

Article

Herbert Smith Freehills LLP | United Kingdom, European Union | 22 Jul 2014

UK: ECJ opinion that obesity is not a disability, but severely obese employees may be disabled

The Advocate General of the European Court of Justice has given his opinion rejecting the contention that EU law prohibits discrimination on the

Article

Herbert Smith Freehills LLP | United Kingdom | 17 Jul 2014

UK: Disability: scope of duty to make reasonable adjustments

The Court of Appeal has confirmed that neither EU nor UK law impose on an employer a duty to make reasonable adjustments for disablity to accommodate

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