header-logo header-logo

Employment Law

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

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
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll