Legal News

The EAT has held that in considering the justification defence under s.15 Equality Act, the employment tribunal should look at the outcome rather than focusing on faults in the employer’s decision-making process. In Department of Work and Pensions v Boyers (www.bailii.org) the claimant, an administrative officer, was disabled with migraine and mental health issues. She... Read more »
Tribunals deciding whether unfavourable treatment was ‘because of’ something arising from disability under s.15 EqA should normally look at the thought processes of the employer. S.15 Equality Act (discrimination arising from disability) may apply if an employer treats a worker unfavourably because of something arising in consequence of the worker’s disability. In Robinson v Department... Read more »
We are continuing to update our Coronavirus (COVID-19) page. The page is at Coronavirus (COVID-19). Examples of updates include: ‘Some recent developments’, such as face covering regulations, more businesses opening, and ‘1 metre plus’; New guidance from 1st August on deciding whether staff should work from home or come into the workplace ; OH consultations... Read more »
A Court of Appeal decision affirms that views of an OH doctor can be relevant evidence in a tribunal deciding whether there is a disability. An employer’s response to a disability discrimination claim made extensive reference to an occupational health report prepared by an OH doctor. The claimant was unhappy that after an employment judge... Read more »
ACAS has issued new guidance Disciplinary and grievance procedures during the coronavirus pandemic: The guidance is at www.acas.org.uk/disciplinary-grievance-procedures-during-coronavirus . It says for example: The guidance also points up the need to consider whether, if a remote hearing by video is being considered, a disability might affect the person’s ability to use video technology, and any... Read more »
Diana Kloss discusses the law relating to testing for Covid 19 and notification of the result. The pandemic has given rise to many legal problems as discussed on our COVID-19 page. In this blog Diana Kloss looks at worker consent for Covid 19 tests, how far consent is needed to report results to the employer... Read more »
The Supreme Court has reversed lower court decisions which had found Morrisons liable. The decision is important generally on how far employers are vicariously liable for employees. In WM Morrison Supermarkets v Various claimants, www.bailii.org, an aggrieved employee of Morrisons published payroll data on the internet from his computer at home. Some 5,500 employees sued... Read more »