In Donelien v Liberata UK Ltd the EAT considered whether an employer had constructive knowledge of an employee’s disability because only if the employer did would it be under a duty to make reasonable adjustments. Constructive knowledge involves asking the question whether the employer “ought to have known” something, despite having no actual knowledge of […]
In Way v Spectrum Property Care Ltd the Court of Appeal held that a Tribunal, hearing an unfair dismissal claim, must consider whether a previous warning (relied upon as part of the decision to dismiss) was made in bad faith. Mr Way was employed as a recruitment manager. In 2010 he was given a final […]
The EU Working Time Directive provides that workers are entitled to receive ‘normal pay’ for at least 4-weeks holiday per year. Last November, in Bear Scotland Ltd v Fulton and others, it was held that to give effect to this, non-guaranteed overtime payments should be included in holiday pay and that wording should be added […]
The European Court of Justice (ECJ) has provided its decision in the long-running Woolworths and Ethel Austin cases (USDAW and anor v VW Realisation 1 Ltd and others). Agreeing with the opinion of the Advocate General (which we reported in March’s review), the ECJ has clarified that the term ‘establishment’ for the purposes of collective […]
Under the Equality Act 2010, a person is disabled where 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. The question in the recent case of Metroline Travel Ltd v Stoute was whether an employee with Type 2 diabetes, which […]
There has been a flurry of caselaw since 2009 on interpreting the legal duty of Local Planning Authorities (LPAs) (and indeed of Planning Inspectors) to European Protected Species (EPS) when determining planning permissions. EPS are the species with the highest level of legal protection (under the Habitats Directive) such as bats, great crested newts, dormice […]
As of 12 March 2015, Magistrates’ courts have had the power to impose fines of an unlimited amount on individuals or organisations convicted in England and Wales for criminal offences which would previously have attracted a fine capped at £5,000 or more. This applies to many environmental offences. This has come about due to provisions […]
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