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Did you mean to type: Disability case overturns thinking on comparators ? (8 results)
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DDA decision by House of Lords significant for employers
The House of Lords handed down a significant decision last week in the context of disability discrimination, overturning accepted thinking on appropriate comparators and clarifying the importance of knowledge of disability. Although not an employment case, London Borough of Lewisham v. Malcolm is a significant one in disability discrimination law, not least since the legislative provisi...
News | 1 Jul 2008
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DDA: to whom does a person with a disability compare themselves?
The House of Lords has overturned one of the key tests applied in disability discrimination law. The decision should be good news for employers, but does raise question marks about almost every disability discrimination decision reached in the last decade.The core issue the Law Lords needed to focus on was how you decide whether something is discrimination - to whom does th...
Case | 26 Jun 2008
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Headache? Try new and improved law and regulation!
...n in this case that an individual's retirement on ill health grounds is actually a termination by mutual agreement. As a result, the employee does not fall into any of these three categories and is technically unable to bring a claim for unfair dismissal at all. · theemployeeisstill able to claim disability discrimination and, in particular, failure to make reasonable adjustments (although Miss Miller herself failed in this claim on the facts of this case); and Mace & Jones 18729 · itisstillimportantfor employers to ensure that their paperwork makes it very clear that an ill health retirement is ag...
Magazine issue | 1 Apr 2009
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Employment law is changing - but don't tell anyone how
...ing from the FLSA can be submitted to the US Department of Labor for resolution and an employer can also be sued in court for violating the FLSA. Equal Employment Opportunity Laws (EEO): prohibit discrimination in hiring, wages and termination on the basis of age, gender, religion, national origin, disability, or retaliation for pursuing a claim under the EEO law. Disputes arising under the EEO laws are submitted to the US Equal Employment Opportunity Commission (EEOC) where the complaints are investigated and referred for hearings by EEOC Commissioners. Decisions of the EEOC can be appealed to the cour...
Magazine issue | 13 May 2008
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Same old: has health and safety really changed after the Young review?
...MMENT The Government will have to throw its weight behind the Green Investment Bank if it is to be a success, says Tim Smith. 34 DETERMINING DISCRIMINATION Advice from legal experts, James Willis and Susannah Gilmartin at Thomson Snell & Passmore, on how the Equality Act could influence claims for disability, sexual orientation, sex and race discrimination. 45 END NOTE Kelvin Reynolds of the British Parking Association on Government plans to outlaw wheelclamping on private land. 22 CULTURE ChANGE Steve Williams, Head of Equality and Diversity at ACAS, talks to Sara Bean about the regulatory and cultu...
Magazine issue | 1 Nov 2010
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Sweeping changes
...itions? asks Craig Stuart of the GMB. Cup, while Head of HR, Jayn Bond, answers some key management questions from allowing staff to watch matches to dealing with drunken or hungover employees. 24 EAT: The fact that an employer treats a disabled person unreasonably, even in a matter related to his disability, does not necessarily mean that it does so because that person is disabled. 16 LEGAL UPDATE New Government: New employment laws a legal analysis of the Coalition's plans for government; and the key aspect of UK law relating to industrial action is the fact it is phrased as immunity from crimina...
Magazine issue | 1 Jul 2010
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Employment issues hotly debated at legal conference
...uring the day, however, was that of London Borough of Lewisham v. Malcolm – a significant case that appears to overturn current thinking that in order to establish whether a disabled person has been discriminated against, their treatment should be compared with that of someone who does not have a disability. Read more about this case>> Michael Ball, an experienced ET advocate, joined his fellow speakers in expressing concern about the recent House of Lords decision. Although this was a housing case, Ball said that the Law Lords had made it clear that the principles established by Clark v. TDG t/a No...
News | 3 Jul 2008
