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02 October 2008
Issue: 7339 / Categories: Case law , Law digest
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Employment Law

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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