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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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