Legal News

The employer succeeded in showing justification as regards a police officer with defective color vision being withdrawn from firearms duties, but not as regards him being withdrawn from rapid response vehicle driving.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... 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 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 »
Diana Kloss’s latest blog considers the case of an employee with multiple health conditions who was turned down for an overseas assignment. In Owen v Amec Foster Wheeler Energy the Court of Appeal considered whether an employer was entitled to refuse to send an employee to work on a project in Sharjah, Dubai, United Arab... Read more »
The Court of Appeal has confirmed a previous EAT decision which held that payments for voluntary overtime, if ‘normal’, should be included in holiday pay for the four-week EU minimum holiday period. The Court of Appeal said the tribunal must decide whether the pattern of work is ‘sufficiently regular and settled’ for payments made in... Read more »