HR Articles

In the recent Supreme Court decision, First Group Plc v Paulley, a bus company was held to have failed in its duty, as a public service provider, to make reasonable adjustments when it requested that a non-disabled person vacate a designated wheelchair space but did not take steps to enforce this when she refused to move.

Under the Equality Act 2010, a person with a progressive condition (such as Type 2 Diabetes) has a disability if they “have a physical or mental impairment” which “has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities... as a result of the condition.”

In the recent EAT case Kellogg Brown & Root (UK) Ltd (KBR) v Fitton & Anor, the Claimants’ employment contracts contained a broad mobility clause requiring them to relocate, if required, within the UK or elsewhere.

Following in the tracks of the recent “Uber” case, in Dewhurst v Citysprint UK Ltd a cycle courier has been found to be a worker and not self- employed as the employer claimed.

The case of City of York Council v Grosset concerned a teacher who had cystic fibrosis. The Claimant complained to the head teacher that his workload was unmanageable but no action was taken to try and reduce the Claimant’s workload.

The Immigration, Asylum and Nationality Act 2006 places all UK employers under a statutory duty to prevent illegal working in the UK. Consequently, it is the employer’s responsibility to ensure that their employees have the right to work in the UK by first checking they have the correct permission and second, by retaining documentary evidence of the individual’s eligibility.

The Spanish courts recently asked the European Court of Justice for guidance on whether an employee with a dislocated elbow could be classed as disabled, even though his injury was only temporary. Although this case was brought in the Spanish courts, the European Court’s decision is equally relevant to us here in the UK as our disability discrimination law is governed by the same overarching principles contained in the European Equal Treatment Directive.

Conservative MP Phillip Davies, a recently elected member of the Commons Women and Equalities Committee, has claimed that men actually earn less than women in part-time work. Could this be a surprising twist in the tale of gender pay gaps?

New year – new rules. The UK’s immigration rules constantly change and our immigration team continues to work closely with their business clients to ensure they continue to comply with the UK’s immigration rules.

In Perry’s Motor Sales Ltd v Edwards, the Claimant, a car dealership manager was dismissed for misconduct.