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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 […]

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 […]

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 […]

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