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legal challenges

Civil partnerships extended to two people of the opposite sex

The Civil Partnership (Opposite-sex Couples) Regulations 2019 will come into force on 2 December 2019 s to allow two people who are not of the same sex to form a civil partnership in England and Wales. The Regulations provide in the main for an opposite-sex couple who form a civil partnership to be treated in law in the same way as a same-sex couple who are in a civil partnership.

Article by: Makbool Javaid 21 November 2019

contractor

£10,000 compensation agreed in COT3 did not include payment of £7,800 SMP due

The First Tier Tax Tribunal’s decision in NVCS Ltd v (1) Commissioners for HMRC (2) Dare serves as an important reminder for employers and their advisers to carefully check the terms of a settlement agreement. D’s entitlement to SMP was £7825. D signed a COT3 settlement agreement, under the auspices of ACAS, providing for £10,000 compensation.

Article by: Makbool Javaid 19 November 2019

dismissal

Employer not liable for third party harassment as inaction not related to race

In Bessong v Pennine Care NHS Foundation Trust, B, a mental health nurse was seriously assaulted by a patient accompanied by racist abuse, i.e. “You f*****g black I’m going to stab you now”. An ET upheld B’s indirect discrimination claim because the incident reporting system had fallen into disrepute and the Trust should have taken steps to reinforce the message that all incidents should be reported. The ET, however, rejected B’s harassment claim because the employer’s failings (their conduct) were not themselves related to race.

Article by: Makbool Javaid 16 November 2019

disabilities

Poor appraisal rating arose as a consequence of fatigue caused by kidney disease

In Cunningham v Financial Conduct Authority an ET upheld C’s claim of discrimination because of something arising in consequence of his disability under S.15 of the Equality Act 2010. C is a qualified barrister, employed as an associate lawyer and suffers from chronic kidney disease

Article by: Makbool Javaid 29 October 2019