Legal News

The EAT has again stressed the important of EU law in deciding what is a ‘disability’. In Banaszczyk v Booker Ltd www.bailii.org, the Employment Appeal Tribunal has held that lifting and moving cases which weighed up to 25kg, in wholesale quantities, was a normal day-to-day activity. The claimant’s impairment meant he was significantly slower at... Read more »
The EAT held against an employer who turned down a job applicant because of a negative reference. Not knowing that the reference was because of disability-related absences was not a defence in itself. An employer has a defence against a claim under s.15 Equality Act if it shows it did not know, and could not... Read more »
The Court of Appeal has held that the reasonable adjustment duty does apply to attendance procedures. Controversially, the EAT had previously decided that in effect the reasonable adjustment duty did not require adjustments to attendance procedures. The EAT said that a disabled person was at no disadvantage compared with other employees who had the same... Read more »
ACAS has published a new guide Disability discrimination: key points for the workplace. The guide at www.acas.org.uk/index.aspx?articleid=5566 offers employers, senior managers, line managers, HR personnel, employees, employee/trade union representatives and job applicants a grounding into how disability discrimination can occur in the workplace, how it can be dealt with and how to reduce the chance... Read more »
The EAT has overturned the tribunal’s reasoning in a case on dismissal for long-term sickness absence. A particular feature of the case, Monmouthshire County Council v Harris, is that there had been a failure to make reasonable adjustments (allowing homeworking), but these would not have helped if made at the time of dismissal. The case... Read more »
New cases have considered indirect discrimination claims by someone without the protected characteristic, associative victimisation, and allowing a company to claim for discrimination due to someone else’s age. For claims of direct discrimination and harassment (but not reasonable adjustments), it has been understood for some years now that it need not be the claimant who... Read more »
The Nursing and Midwifery Council (NMC) has formally ratified its revalidation procedure for nurses and midwives and published its official guidance How to revalidate with the NMC, which is effective from April 2016. All nurses and midwives will have to demonstrate they are up to date in their practice and are upholding the values of... Read more »