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Are the obese protected from disability discrimination?

Meredith Hurst Thursday, February 5, 2015

The European Court of Justice has confirmed that obesity is not a disability.

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Meredith Hurst Monday, November 3, 2014

The National Minimum Wage has been in force for a number of years now. The current rate is £6.50 per hour (for workers older than 21). It has recently featured in the news, with the Labour Party promising to raise it if it gains office after next year's general election. Prior to this the government "named and shamed" a list of employers which had been found guilty of failing to comply with the minimum wage legislation.   Despite this there are a number of myths and misconceptions about...

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David Gray-Jones Saturday, November 1, 2014

There has been extensive coverage in the media of the judgment of the Employment Appeal Tribunal which has held that under the Working Time Regulations 1998 workers were entitled to holiday pay based on their normal pay, including any overtime ( Bear Scotland Limited and others v Fulton and Hertel (UK) Ltd and Amec Group Ltd v Woods and Law UKEATS/004713, UKEAT/0160/14, UKEAT/0161/14). The effect of the judgment is that employees are now entitled to receive holiday pay based on all the hours...

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No Obligation on Employers to make Reasonable Adjustments For Disabled Relatives of Employees

Meredith Hurst Monday, June 16, 2014

The Court of Appeal has held that the provisions of the Equal Treatment Directive and the Equality Act 2010 do not require employers to make reasonable adjustments for an employee who is not disabled but who claims that reasonable adjustments should be made by the employer to accommodate difficulties in the workplace caused for them by their association with a disabled person. Under section 20(3) of the Equality Act 2010 an employer is under a duty to make "reasonable adjustments" where a...

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Creating a precedent

Meredith Hurst Wednesday, April 30, 2014

Employers should beware about creating a precedent that certain payments will be made. The recent Employment Appeal Tribunal case of Peacock Stores -v- Peregrine & Ors  provides this stark reminder.  In this case, the employer had over a number of years consistently paid redundancy payments based on statutory terms but without applying the statutory cap on either years of service or the amount of a weekly wage.  When the employer sought to pay the...

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