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Employment Law

02 October 2008
Issue: 7339 / Categories: Case law , Law digest
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Hay v Ministry of Defence [2008] All ER (D) 269 (Jul)

(i) In a claim under the Disability Discrimination Act 2005, the “impairment” may be an illness or may result from an illness; it is not necessary to consider the cause of it. A tribunal is entitled to regard as disabled someone who suffers from a combination of impairments with different effects, to different extents, over periods of time which overlap.

(ii) If a hearing is to be fair, each party must be aware of the principal allegations to be made by the other, and have a reasonable opportunity of meeting them. However, no formal amendment of the ET1/ET3 is required where a party is simply seeking to resolve an existing confusion or to clarify what has already been said.

Thus, if another incident is complained of in a discrimination case beyond those the facts of which have already been outlined, an amendment will usually be necessary. In other cases, however, what is required is expansion of that which has already been said. If, reasonably viewed, this puts the opposite party at a disadvantage, the tribunal will consider whether or not to grant an adjournment, which might well resolve any prejudice. The focus must be on whether or not a fair trial of the issues (as expanded) can take place.

 

Issue: 7339 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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