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29 January 2015 / Ian Smith
Issue: 7638 / Categories: Features , Employment
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Employment law brief: 29 January 2015

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Ian Smith addresses discrimination & considers a cautionary tale for employees

The most newsworthy decision as at the end of last year was clearly that of the Court of Justice of the European Union (CJEU) in Kaltoft v Kommunernes Landsforening C-354/13 which received by and large a hostile reception in the press along the lines of “EU says that obese people are disabled”. As always, it is not quite so simple, but it has led also to more considered criticisms in employer and health circles. As it happens, last month also saw a not-dissimilar judgment of the Employment Appeal Tribunal (EAT) on the question of caste discrimination, again raising a myriad of possible implications which will have to be considered in future litigation. The third case considered here again concerns discrimination, this time the requirement to make reasonable adjustments in disability cases, but the difference is that this one may act as a shot across the bows to employees rather than employers, in cases of long-term sickness absence.

The decision on obesity

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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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