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17 July 2008 / Ian Smith
Issue: 7330 / Categories: Features , Discrimination , Employment
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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

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MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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