Employment Law News - 2010    ( January - July  ) www.workrep.co.uk

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Time limits may be extended following wrong information from an employer (but not an adviser) Northamptonshire County Council v Entwhistle [2010] UKEAT/0540/09/ZT	29/06/10
Even after the Unite decision unions must continue to be careful with TULRCA compliance British Airways Plc v Unite the Union [2010] EWCA Civ 669	27/06/10
Litigation privilege applies to advice from consultants and lawyers from the time litigation becomes an issue Scotthorne v. Four Seasons Conservatories (UK) Ltd [2010] UKEAT 0178_10_1405	25/06/10
A disability discrimination claim under the DDA must be for actual not perceived disability Aitken v. The Commissioner of Police of The Metropolis [2010] UKEAT 0226_09_2106	24/06/10
Strange bedfellows: - British unions, German neo-nazis and islamist fascists	21/06/10
A GP's opinion on depression is valid in an employment tribunal J v DLA Piper UK LLP [2010] UKEAT 0263_09_1506	21/06/10
University and College Union backs antisemite who incited violence against jews	04/06/10
Retirement and re-employment is a reasonable adjustment Chief Constable of South Yorkshire Police v. Jelic [2010] UKEAT 0491_09_2904	04/06/10
Histadrut condemns violence, describes extent of cooperation with palestinian trade union Palestinian General Federation of Trade Unions (PGFTU)	01/06/10
Where an employer is contemplating disciplinary action the thoroughness of the investigation needs to reflect the potential consequences to the worker Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522	30/05/10
UNISON stalls again	27/05/10
Damages are not limited to the term of the breached fixed term contract (but reflect the total loss caused) Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571	27/05/10
The disclosing of without prejudice communications Woodward v Santander [2010] UKEAT/0250/09/ZT	26/05/10
Criterion for awarding uplifts under the Dispute Resolution Procedures Lawless v Print Plus [2010] UKEAT/0333/09/JOJ	25/05/10
The Claimant does not need to understand his compromise agreement for it to be valid McWilliam & Others v Glasgow City Council [2010] ET	25/05/10
A local council is a single establishment thus allowing white collar workers to use manual workers as comparators City of Edinburgh v Wilkinson & ors [2010] UKEATS/0002/09/BI	24/05/10
When using the closed procedure for national security purposes the claimant must still be provided with the gist of the employer's case Home Office v Tariq [2010] EWCA Civ 462	15/05/10
An employer can not repair a fundamental breach of contract. It is up to the employee whether to resign and claim constructive unfair dismissal. Buckland v Bournemouth University Higher Education Corp [2010] EWCA Civ 121	1/03/10
A Staff handbook catch-all clause allowing the employer to force new terms & conditions on its workforce is upheld by the EAT Bateman & Ors v. Asda Stores Ltd [2010] UKEAT 0221_09_1102	16/02/10
A worker can not claim constructive dismissal if he is in breach of the duty of trust and confidence Aberdeen City Council v McNeill [2009] UKEAT 0037_08_1011	15/02/10
BA dress code forbidding the open display of faith symbols was not discriminatory Eweida v British Airways Plc [2010] EWCA Civ 80	12/02/10
When deciding whether to allow an amendment the lateness of the application is only one factor to be taken into account by the employment judge Baker v The Commissioner of Police of The Metropolis [2010] UKEAT 0201_09_0502	10/02/10
National courts should strike down discriminatory legislation Seda Kücükdeveci v Swedex GmbH & Co. KG [2010] ECJ Case C-555/07	27/01/10
Judges restrict employers' use of the illegality defence in employee unfair dismissal claims SAN LING CHINESE MEDICINE CENTRE v LIAN WEI JI - [2010] EAT UKEAT/0370/09/ZT	26/01/10
There is a right to legal representation at a disciplinary which might result in the loss of the right to practise a profession G, R (on the application of) v X School & Ors [2010] EWCA Civ 1	23/01/10
Cabin crew spending 5% of their time in the UK were considered to have worked partly at an establishment in Great Britain. BA v Mak EAT [2010] UKEAT/0055/09/SM	22/01/10
The right to statutory leave is not inalienable but the employer must be fair and not act arbitrarily or otherwise unreasonably Lyon v Mitie Security Ltd EAT [2010] UKEAT/0081/09/CEA	20/01/10
Related illnese may be aggregated to enable satisfying the DDA one year disability requirement Patel v Oldham Metropolitan Borough Council & Anor [2010] UKEAT 0225_09_1501	18/01/10
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	13/01/10
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	13/01/10
A worker can have two jobs with two different employers at the same time provided that they are compatible with each other Prison Officers Association & Ors v. Gough & Anor [2009] UKEAT 0405_09_1712	09/01/10
Different dress codes do not necessarily amount to sex discrimination Dansie v. The Commissioner of Police for The Metropolis [2009] UKEAT	09/01/10
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 0020_09_0501	07/01/10
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