Legal News

The claimant argued his type 2 diabetes was a ‘progressive condition’ under the Equality Act. That was not decided, but the EAT suggested that just a ‘small possibility’ of future substantial effect could be enough to make the effect ‘likely’. Under the Equality Act definition of ‘disability’, a person with a long-term progressive condition which... Read more »
Diana Kloss looks at the Supreme Court decision in Montgomery v Lanarkshire Health Board. In this case, which has attracted a great deal of attention from health professionals and lawyers, the Supreme Court changed the common law of consent to medical treatment. The Supreme Court’s decision is leading to changes in professional guidance for surgeons... Read more »
The EAT held it will normally be a question of whether individual steps under the procedure are justified, rather than the procedure as a whole. A police officer had been off work for 8 months and the police instigated the ‘Unsatisfactory Performance Procedure’, derived from police regulations. In Buchanan v Commissioner of Police of the... Read more »
The EAT has held that employers should proactively ensure working arrangements allow for workers to take breaks under the Working Time Regulations, The duty is not just to allow a break if a worker requests one. In Grange v Abellio London, EAT the claimant argued he had been ‘refused’ a 20 minute break when... Read more »
We have added a new ‘Good practice guide’ to the site. Good practice guides are meant as general guidance for practitioners to help them comply with the law and good practice, rather than explaining the law itself which is covered elsewhere on this site. The new guide is on dismissal of an employee after long-term... Read more »
Diana Kloss considers a recent EAT decision on reasonable adjustments to pay. Previous decisions have held that the reasonable adjustment duty does not in most cases extend to giving disabled employees more sick pay than others. However the Employment Appeal Tribunal in G4S Cash Solutions v Powell has now upheld a tribunal decision that it... Read more »