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Results: 1-10 of 18

Race discrimination: the EAT has held that Leeds City Council is potentially liable for the act of one of its employees who discriminated against an employee of one of its service providers
  • DMH Stallard LLP
  • United Kingdom
  • November 2 2009

The EAT has held that Leeds City Council is potentially liable for the act of one of its employees, who discriminated against an employee of one of its service providers, in the case of Leeds City Council v Woodhouse and others 2009


Disability discrimination: the EAT has held that an employer's failure to make reasonable adjustments to avoid dismissing a disabled employee was sufficient to render the dismissal itself an act of discrimination
  • DMH Stallard LLP
  • United Kingdom
  • November 2 2009

The EAT has held that an employer’s failure to make reasonable adjustments to avoid dismissing a disabled employee was sufficient to render the dismissal itself an act of discrimination in the case of Fareham College Corporation v Walters EAT UKEAT007609


Compromise agreements: the High Court has held that a compromise agreement was unenforceable as the NHS Trust employer had acted outside its powers by agreeing an "irrationally generous" compensation package
  • DMH Stallard LLP
  • United Kingdom
  • November 2 2009

The High Court has held that a compromise agreement was unenforceable as the NHS Trust employer had acted outside its powers by agreeing an "irrationally generous" compensation package in the case of Gibb v Maidstone and Tunbridge Wells NHS Trust 2009 EWHC 862


Negligence: LEA who failed to protect a head teacher from bullying and harassment by two school governors found liable for her psychiatric injury
  • DMH Stallard LLP
  • United Kingdom
  • November 2 2009

A Court has found that an LEA who failed to protect a Head Teacher from bullying and harassment by two School governors was liable for the psychiatric injury caused in the case of Connor v Surrey County Council, unreported


TUPE: the EAT has held that a transferee is bound by pay increases negotiated post-transfer under a collective agreement to which the transferee is not a party
  • DMH Stallard LLP
  • United Kingdom
  • April 8 2009

The EAT has held that a transferee remains bound by pay increases negotiated post-transfer under a collective agreement to which the transferee is not a party in the case of Alemo-Herron v Parkwood Leisure Limited (EAT


High Court rules that retirement age is not unlawful
  • DMH Stallard LLP
  • United Kingdom
  • March 19 2010

As widely reported, the High Court has ruled that the UK's default retirement age of 65 contained in the Age Discrimination Regulations is not unlawful for now R (on the application of Age UK) v Secretary of State for Business, Innovation and Skills 2009 EWHC 2336 HC) (Heyday


Internal disciplinary proceedings and right to legal representation
  • DMH Stallard LLP
  • United Kingdom
  • March 19 2010

The Court of Appeal has commented that a junior doctor facing serious disciplinary charges can be entitled to legal representation at his disciplinary hearing even if the disciplinary policy does not provide for such a right


New rules on workers who fall sick during annual leave
  • DMH Stallard LLP
  • European Union, United Kingdom
  • March 19 2010

The ECJ has held that, where a worker's pre-arranged annual leave coincides with a period of sick leave, the worker must have the option to reschedule their annual leave to an alternative period under the Working Time Directive Pereda v Madrid Movilidad SA C-27708 (ECJ


TUPE and the Acquired Rights Directive: the EAT has held that a transferee is not obliged to consult, after the transfer, about measures it envisages taking in respect of transferred employees
  • DMH Stallard LLP
  • United Kingdom
  • April 8 2009

The EAT has held that neither TUPE nor the Acquired Rights Directive (ARD) requires a transferee to consult, after the transfer, about measurers it envisages taking in respect of transferring employees in the case of UCATT v Amicus EAT


Sexual Orientation Regulations - homophobic banter towards an individual could amount to harassment even where the individual is not gay and nor do his tormentors believe him to be so
  • DMH Stallard LLP
  • United Kingdom
  • April 8 2009

In English v Thomas Sanderson Limited 2008 the Court of Appeal has held by a majority that "homophobic banter" directed at an employee could be harassment under the Sexual Orientation Regulations, even where the victim was not gay; his "harassers" did not believe him to be gay; and he knew that his "harassers" did not believe him to be gay