May 2013 #140 – Law Journals

Age Discrimination: How are employers managing without the default retirement age?

The results of a recent survey are revealed by Simon Rice-Birchall Perhaps most interesting is the finding that half of those who replied felt that the DRA’s abolition had made no real difference to their organisation. When the Labour government introduced legislation in 2006 prohibiting age discrimination, one of its most controversial decisions was to …

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Discrimination Law: Is obesity a disability?

James Major and Alice Duffy consider the implications of Walker v SITA Information Network Computing Ltd It would not be reasonable to conclude that a person was not disabled if they avoided changes to their behaviour that might cause pain, fatigue or substantial social embarrassment. According to a 2012 study by the Organisation for Economic …

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Equality Act: No protection against post-employment victimisation

An EAT ruling has highlighted that the UK’s discrimination legislation is at odds with EU law, reports Olivia Toulson It is doubtful that Parliament ever intended to exclude post-employment victimisation and it is clear that EU law requires employees to have protection against such treatment. In Rowstock Ltd v Jessemey [2013], the Employment Appeal Tribunal …

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Employee Surveillance: Who’s monitoring whom?

Jo Broadbent looks at what approach the tribunals are taking to employees’ new-found ability to gather evidence secretly on their smartphones and how employers should respond An employer should probably focus its efforts on minimising the risk of the evidence being created in the first place. Employee monitoring is generally understood to refer to a …

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Book Review: Solving insolvency issues

Charles Wynn-Evans reviews the new edition of Corporate Insolvency: Employment and Pension Rights This work has established itself as the clear market leader and ‘go to’ text in this area. Corporate Insolvency: Employment and Pension Rights David Pollard 5th ed, 2013, Bloomsbury Professional Ltd £155.00 ISBN: 978 1 84766 887 5 One of the most …

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Flexible Working: The rise (or fall) of the remote worker

With employers divided about the benefits of working from home, Roy Horgan and Rachel Farr discuss what the law has to say on the issue Employers may worry that they have set a precedent for other employees once they agree to one homeworking request. Developments in technology have drastically changed working styles over the past …

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Employment Law Review: A timetable for reform

Richard Kenyon and Louise Fernandes-Owen present a guide to what is happening when in the government’s overhaul of the employment law system The concept of giving up employment rights in return for shares has been particularly controversial. It is perhaps unsurprising therefore that the House of Commons and House of Lords have disagreed. The government’s …

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