header-logo header-logo

17 July 2008 / Ian Smith
Issue: 7330 / Categories: Features , Discrimination , Employment
printer mail-detail

Employment law brief: 17 July 2008

DISABILITY DISCRIMINATION

EQUAL PAY CONFLICT

EMPLOYEE MISCONDUCT

The Disability Discrimination Act 1995 (DDA 1995) has had a major impact on employment law, with the received wisdom being that it was intended to go beyond ordinary notions of equality (the basis of the rest of discrimination law) and give greater rights to disabled employees, as a matter of social policy. Indeed, one argument has always been that it really should have been entitled the Disability Protection Act, in order precisely to differentiate it from other discrimination headings. However, this interpretation has been given a rude shock this month by the House of Lords in a landmark decision going to the root of the legislation. That case has dominated the employment law news, but the month has also seen significant developments in relation to permissible comparators in equal pay cases, the possible conflict between industrial relations and EC law and the drafting of compromise agreements in cases where the employee leaves under a cloud.

THE MEANING OF DISABILITY DISCRIMINATION
The decision of the House of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll