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Employment law brief: 29 January 2015

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

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
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Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Michael Zander KC, emeritus professor at LSE, revisits his long-forgotten Crown Court Study (1993), which surveyed 22,000 participants across 3,000 cases, in the first of a two-part series for NLJ
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