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Category Archives: Employment

Is Type 2 Diabetes a Disability?

In the case of Taylor v Ladbrokes Betting and Gaming Ltd (16 December 2016) the EAT held that the Employment Tribunal had failed to properly consider whether Type 2 Diabetes was a progressive condition amounting to a disability under the Equality Act 2010. The Tribunal erred in focusing on the claimant’s health in the timeframe... Read the rest of this entry →

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Bringing a Claim after Signing COT3

The EAT held that a second claim for disability discrimination could be brought by an employee even though a COT3 form had been used to settle the employee’s earlier claim. In the case of Department of Working Pensions v Brindley (17 November 2016) the employee brought a second claim for disability discrimination against her employer,... Read the rest of this entry →

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Employment Law Newsletter – November 2016

Welcome to the November issue of the DBF Employment Law Newsletter… Last month turned out to be busy for the Courts with lots of big names making an appearance such as ASDA, UBER, the long awaited British Gas Trading Limited -v- Locke & Another and of course the cake! The main cases are covered below.... Read the rest of this entry →

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Asda

7,000 Asda employees have been successful in establishing that their positions as shop floor staff are equal to those in Asda’s distribution centres, so as to enable them to proceed with their claims for equal pay.  This decision illustrates that even where there appear to be significant differences between workers they may still be sufficiently... Read the rest of this entry →

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Communication of a Dismissal

The EAT in Sandal –v- Adecco had to consider whether dismissal can be implied by inaction of an agency employer.  The employee was employed by the agency but worked on assignment at an alternative company.  When this assignment came to an end the agency took no further steps to find her other work.  They presumed... Read the rest of this entry →

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Workers or Self-Employed?

An Employment Tribunal has held that Uber drivers are workers for the purpose of the Employment Rights Act 1996, and the Working Time Regulations 1998. As a result they are entitled to certain protection and rights. Uber is a technology platform which connects taxi drivers to passengers.  Uber has put in place documentation setting the... Read the rest of this entry →

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Discrimination on the Grounds of Sexual Orientation –v- Religious Belief

The Court of Appeal in Northern Ireland upheld that a “Christian bakery” had discriminated against a gay man on the grounds of sexual orientation by refusing to bake a cake that he had requested with the caption “Support Gay Marriage”.   The Court of Appeal put forward the argument that Mr Lee had been discriminated against... Read the rest of this entry →

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Statutory Holiday Pay and Commission

The Court of Appeal has finally made a decision in the case of British Gas Trading Limited –v- Locke & Another. The Court of Appeal has held that statutory holiday pay must include an element of result based commission. This affects the four weeks annual leave provided under Regulation 13 of WTR. However, the decision... Read the rest of this entry →

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Holiday Pay and Commission

The long awaited decision in a case of British Gas Trading v Locke & Another in the Court of Appeal has been handed down and employers in certain sectors are now counting the cost of what this means to their business. The Court of Appeal has upheld the previous decisions by ET and the EAT... Read the rest of this entry →

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Employment Law Newsletter – June 2016

Welcome to our June 2016 Employment Law newsletter, keeping you up to date with changes in employment law and informing you of recent case law developments. CASE LAW DEVELOPMENTS Religious Discrimination In the case of Wasteney –v- East London NHS Trust the EAT had to decide whether disciplinary action against an employee for improperly promoting... Read the rest of this entry →

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