|
| |||
| |||
| | |||
|
18/01/2010 In Patel v Oldham MBC the EAT has decided that when determining whether an impairment's effects should be considered long-term under the DDA 1995 S1 p2 the effects of the original impairment should be taken into account. An illness that is likely to develop or that has developed from another illness should be considered as forming part of the assessment under the DDA's 12 month rule of long-term disability of whether the original impairment has lasted or may last 12 months or more. The claimant suffered from a back condition, myelitis that then went on to develop a problem of the leg, secondary myofacial pain syndrome. The claimant successfully appealed to the EAT (Slade J) after the ET refused to accept that both impairments should be aggregated in order to achieve the 12 month threshold.
The case has been remitted to be reconsidered in the light of this judgement.
|
|||
|
Some recent employment cases:- 2010 Discrimination to distribute employment opportunities among the generations is legitimate - Domnica Petersen v Berufungsausschuss für Zahnärzte für den Bezirk Westfalen-Lippe [2010] Case C-341/08 ECJ The 'genuine occupational requirement' rule may apply to a maximum age for employment - Wolf v Stadt Frankfurt am Main [2010] Case C-229/08 ECJ Different dress codes do not necessarily amount to sex discrimination - Dansie v. The Commissioner of Police for The Metropolis [2009] UKEAT Certain conditions must exist for the obligation to carry out a risk assessment for a pregnant worker to arise - ONeill v. Buckinghamshire County Council [2010] UKEAT 2009 An employment tribunal may decide if a compromise decision is unenforcable - Industrious Ltd v Horizon Recruitment Ltd & Anor [2009] UKEAT Registrar claiming right to refuse to officiate at civil weddings loses religious discrimination case - Ladele v London Borough of Islington [2009] EWCA Civ 1357 A philosophical belief based on science is protected by the Employment Equality (Religion or Belief) Regulations 2003 - Grainger Plc v Nicholson [2009] UKEAT/0219/09/ZT Christian counsellor who would not help same sex couples was not discriminated against - McFarlane v Relate Avon Ltd [2009] UKEAT 0106_09_3011 Under TUPE the obligation to inform always applies, even when no measures are contemplated relating to the transfer - Cable Realisations Ltd v GMB Northern [2009] UKEAT The Court of Appeal rules on Harassment and 'Oppressive and Unacceptable' behaviour Veakins v Kier Islington Ltd [2009] EWCA Civ 1288 For s4A(3) of the DDA to apply the employer must have known (or ought to have known) that the employee was disabled and that the disability would affect him in the manner described in section 4A(1) - DWP v Alam [2009] UKEAT 0242_09_0911 A discrimination case may not proceed on the mere possibility that evidence might emerge during cross examination - ABN Amro Management Services v Hogben [2009] UKEAT 0266_09_0111 In cases of discriminatory dismissal tribunals may reduce compensation if the worker would in any event have been dismissed - Chagger v Abbey National Plc & Anor [2009] EWCA Civ 1202 It is possible to claim unfair dismissal abroad even if the workplace is registered outside the UK - Diggins v Condor Marine Crewing Services Ltd [2009] EWCA Civ 1133 Autoklenz 'Subcontractors' were employees - the contractual substitution clause was just 'window dressing' - Autoclenz Ltd v Belcher & Ors [2009] EWCA Civ 1046 |
|||
| Do you have a problem at work? Are you being discriminated against harassed or victimised at work or have you been unfairly dismissed or wrongfully dismissed? If you are suffering from bullying victimisation or discrimination at work you need to contact WorkRep early on. Whatever your employment problem is, even if you have failed in your tribunal case and there is now a costs application against you we will try to help. click for further information about problems at work |
|||
|
Disclaimer: articles and information published by WorkRep.co.uk are for general information purposes only. Please read the site info before using this website © 2009 Workrep | |||