The EAT has held that the employer in Dominique v Toll Global Forwarding Ltd had failed in its duty to make reasonable adjustments by not adjusting the redundancy selection criteria where a disabled employee was placed at a substantial disadvantage even though the adjustment to the criteria would not have made a difference to the outcome. […]
Tag: employment solicitor kettering
Hiring employees
This month’s business briefing provides an overview of the key legal issues an employer needs to consider when recruiting a new employee. Employers need to consider their individual position and seek legal advice if they are concerned or unsure of the recruitment process and the potential pitfalls. Before advertising Make sure all staff involved in […]
TUPE and Share transfers
It is common ground that TUPE does not apply to share transfers, or so you thought. The recent EAT case of Jackson Lloyd Ltd and Mears Group Plc v Smith shows that matters may not be so straight forward. In this case, the Mears Group rescued the ailing business of Jackson Lloyd and acquired its […]
Reasonable adjustments
It has long been established that an employer is under a duty to make reasonable adjustments for disabled employers. The case of Coleman v Attridge Law held that those with direct discrimination claims do not themselves need to be disabled but can be associated with a disabled person. In that case it was Mrs Coleman’s […]
Confidentiality in employment
In what appears to be one of the few times that a judge has felt justified in allowing the inspection and imaging of employees’ computers in the case of Warm Zones v Thurley and another, the High Court has ordered that an employer may instruct an independent computer expert to inspect and take images from […]
Is size a disability?
At present I would argue there is no such provision in the Equality Act 2010 for protection against discrimination on the grounds of size. It is not widely perceived as a disability giving rise to protection or obliging employers to make reasonable adjustments to accommodate their larger work force. A test case is currently before […]
Employment law changes this month
There are a number of employment law changes which came into effect on the 6th April 2014. A summary of these changes is set out below: Acas conciliation The Acas early conciliation procedure will be introduced. Discrimination questionnaires Section 138 of the Equality Act 2010 (which deals with discrimination questionnaires) will be repealed. Employment […]
Pre-claim conciliation through ACAS
On 6th April 2014, compulsory early conciliation arrives. The Regulations have now been published and when I have got to grip with the detail and mechanics I will provide a more detailed blog post about the system. As always the devil is in the detail and there is much detail. In the meantime, so you […]
Fines for employers in the ET
New legislation comes into force for claims presented on or after 6th April 2014, which will mean for the first time employers will be ordered to pay a financial penalty for losing their case before the Employment Tribunal. The power was provided in s16 of the Enterprise and Regulatory Reform Act 2013 which has now […]
Avoiding discrimination claims
Discrimination law has a purpose and is designed to: Ensure equality of opportunity at work Protect employees’ dignity Ensure that complaints can be raised without fear of reprisal Most employers want to do the right thing but some can get it wrong or not have this same ethos. What are the consequences for failing to comply with […]