The Practical Lawyer


Disability and treatment – causal link

A common issue in employment cases is how close a connection there must be between disability and unfavourable treatment for a claim of discrimination arising from a disability to succeed. 
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Compulsory retirement – permitted if ‘legitimate’

The hallowed hallways of Oxford University might not be an obvious place for age discrimination law to develop – but a recent ET decision has come to an important decision in this area. 
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Positive action – action plan

A useful article considers how organisations might deal with gender pay gap. Positive discrimination in favour of one person or group of people over another is unlawful. 
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Parental leave – pay for men

The CA considered the question of whether it is discriminatory to pay a man who is on shared parental leave less than a woman who is on maternity leave. 
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Harassment – beware training sessions

The ET has recently had to consider the extraordinary case of an employee facing racial harassment during a diversity awareness training course.
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Dismissal and religion – not unfair

The CA has considered an interesting, but straightforward, case relating to a nurse who, while working for an NHS trust, continued to discuss religion with patients. 
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Reasonable adjustments – follow your own policy!

Some readers may take pleasure in the fact that HMRC recently lost a case in the EAT for failing to comply with one of its own policies!
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Work breaks – ‘special case’ exemptions

We reported in our April 2019 edition (p16) on the case of Crawford v Network Rail [2019] in which the CA held that workers do not have to take compensatory rest once in an uninterrupted period and employers can aggregate shorter breaks to amount to the required time.
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Vicarious liability – Christmas party

Employers must dread Christmas parties. We reported in our February 2019 edition (p17) on Bellman v Northampton Recruitment [2018] in which the CA held that a company was vicariously liable for an assault committed by its MD on another employee at the Christmas party. 
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