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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

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
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