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03 January 2008 / Peter Hungerford-welch
Issue: 7302 / Categories: Case law , Law digest , Employment , In Court
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Employment Law

Environment Agency v Rowan  [2008] IRLR 20, [2007] All ER (D) 22 (Nov)

 

An employment tribunal considering a claim that an employer has discriminated against an employee pursuant to the Disability Discrimination Act 1995, s 3A(2) by failing to comply with the s 4A duty must identify:

 

(i) the provision, criterion or practice applied by or on behalf of an employer, or

(ii) the physical feature of premises occupied by the employer,

(iii) the identity of non-disabled com­parators (where appropriate), and

(iv) the nature and extent of the substantial disadvantage suffered by the claimant.

 

It should be borne in mind that identification of the substantial disadvantage suf­fered by the claimant may involve a consideration of the cumulative effect of both the “provision, criterion or practice applied by or on behalf of an employer” and the “physical feature of premises”, so it is necessary to look at the overall picture. Un­less the employment tribunal has identified these four matters, it cannot go on to judge if any pro­posed adjustment is reasonable.

 

Issue: 7302 / Categories: Case law , Law digest , Employment , In Court
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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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