Legal News

An out-of-hours GP was not obliged to accept work, but was held to be a ‘worker’ so that she could claim for holiday pay and under the Equality Act. The claimant provided NHS GP services through Community Based Healthcare (CBH). She was among 12 doctors who regularly worked the same shifts providing out-of-hours services. However... Read more »
The date of the UK’s departure from the EU has now been extended to 31st January 2020. Also updates on the Withdrawal Agreement and the Bill to implement it. Updates to our Brexit page for latest developments including: exit day postponed to 31st January 2020; the October 2019 Withdrawal Agreement; and the Withdrawal Agreement Bill... Read more »
Though an employer was held not liable for racial harassment by a third party, the employment tribunal decision that the employer was liable for indirect discrimination as regards reporting of racial abuse was not appealed. The claimant was a mental health nurse in a secure residential unit for adult men sectioned under the Mental Health... Read more »
On World Menopause Day, 18th October, ACAS has launched new guidance for employers to help manage the impact of menopause at work. The ACAS guidance on the menopause and perimenopause is at www.acas.org.uk/index.aspx?articleid=6752 . Among other things it includes suggestions for possible changes at work, and guidance on facilitating conversations between the worker and her... Read more »
A police force succeeded in showing it was justified in withdrawing an officer with defective colour vision from firearms duties, but not in withdrawing him from rapid response vehicle driving. This was an indirect sex discrimination claim, on the basis that many more men than women have colour vision defects, rather than disability discrimination. The... Read more »
The government has published a consultation paper ‘Health is everyone’s business: proposals to reduce ill health-related job loss’. The consultation is at www.gov.uk/government/consultations/health-is-everyones-business-proposals-to-reduce-ill-health-related-job-loss and closes on 7th October 2019. Proposals include among other things: reform of statutory sick pay (SSP), so as to allow for phased returns to work following sickness absence, and wider eligibility... Read more »
A claim for direct discrimination against a police force by a white heterosexual male succeeded. In giving preference to candidates with particular protected characteristics, the employer would have to meet the conditions of s.159 EqA, but had failed to do so. Giving preferential treatment to women – or for example to those of a particular... Read more »
There could be unlawful discrimination where (with no other jobs available) an employee was not warned he would be dismissed if he did not accept a revised role he had previously rejected. The claimant was dismissed following a period of long-term sickness absence with depression. He rejected a revised, lower paid role. The employer told... Read more »