Treatment based on how behaviour ‘appeared’ was not discrimination
Constable Aitken (A) was found to have a tendency to binge drink and was also diagnosed as having anxiety and obsessive compulsive disorder (OCD).
8 September 2011
Finding of direct disability discrimination impossible on the facts
Under the Disability Discrimination Act 1995, ‘direct disability’ discrimination occurs where a disabled person, with the same abilities as a non-disabled person, is treated less favourably than a non-disabled person was, or would have been, treated in like-for-like circumstances, purely because he or she is disabled and for no other reason.
8 September 2011
No entitlement to wages where remanded in custody
Mr Burns was arrested and charged with 13 criminal offences. He was remanded in custody for six months pending trial. During that period, Santander did not pay him...
8 September 2011
Suitability relates to the individual
In Bird v Stoke-on-Trent Primary Care Trust, the EAT confirmed that when judging whether a job is a suitable alternative to being made redundant, the two questions to be asked are: whether the alternative job is suitable employment for the employee and whether the refusal of the job was reasonable?
22 August 2011
Correct test for disregarding contractual terms
In Autoclenz Ltd v Belcher and others, the Supreme Court held that courts should look outside the written terms of a contract to determine what was actually agreed, where it is argued that those terms do not reflect the reality of the working relationship.
22 August 2011
New website to help vulnerable workers
The TUC has launched a new website to help people find out more about their basic rights at work, from the National Minimum Wage, to working time and annual leave entitlements, together with advice on enforcement.
22 August 2011
Rise in demand for Acas to resolve disputes
Acas has seen a significant increase of 15% in demand for their help resolving large-scale disputes in the past year according to its annual report for 2010/11.
22 August 2011
Employers told to get set for Olympics
With a year to go until the Olympics Acas has issued guidance to employers on getting the best from their staff and avoiding absence during the Games.
22 August 2011
Non-regulatory approaches before legislating
The CBI and the EEF have published reports urging the Government to consider non-regulatory approaches before any additional legislation is introduced in the employment domain
22 August 2011
Compulsory retirement at 65 justified
In Fuchs and another v Land Hessen the European Court of Justice held that German legislation requiring civil servants to retire at 65 was an appropriate and necessary means of encouraging the recruitment and promotion of young people and avoiding performance disputes with older workers.
18 August 2011