September 2014 #153 – Law Journals

Discrimination Law: Is obesity a disability?

Richie Alder and Anna Scott examine the advocate general’s controversial Opinion in Kaltoft ‘If impairments exist, even if they are caused by obesity, it is their effect which will determine whether or not they amount to a disability.’ Obesity and whether or not it amounts to a disability has been grabbing the headlines recently following …

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Employment Contracts: Parameters of penalty clauses

Nicola Bartholomew and Heather Barc consider two recent cases on penalty clauses in the employment context ‘Advisers and employers should discuss what steps the employer might take when owed money by a departing employee… while well-drafted express clauses permitting deductions from salary are useful, they might not be sufficient if the employee is not owed …

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Restrictive Covenants: The employer strikes back

David von Hagen and Louise Lawrence of Winckworth Sherwood discuss recent decisions on restrictive covenants and their implications ‘Employers might feel safer investing substantial sums in injuncting employees who have joined, or who are thinking of joining, the competition.’ A series of recent High Court decisions about the interpretation and enforceability of restrictive covenants and …

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Industrial Action: Striking out the current law

Nick Jew takes a look at the government’s proposals to tighten up the rules on industrial action ballots ‘If implemented, the proposals would make it very difficult for unions to organise lawful strike action, which would significantly reduce their bargaining power over terms and conditions.’The summer of 2014 may well be remembered as the trigger …

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Absenteeism: Managing mental health issues

Paul Strelitz gives advice on how to help employees suffering from stress and mental illness ‘The important thing for employers is to put policies in place and create an environment that helps to avoid a worsening or prolongation of mental ill health, whatever the exact condition is.’ In 2006 it was estimated that 35% of …

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Whistleblowing: Much ado about nothing?

Jillian Naylor and Michal Stein analyse the government’s response to its call for evidence on the whistleblowing regime ‘The government believes that a range of non-statutory steps could effectively meet the aim of increased public interest disclosure, through a favourable cultural change.’ In 2013/14, the employment tribunals received over 2,200 whistleblowing-related claims, with the most …

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Disability Law: Ruling narrows scope of associative discrimination

Employees must have a disability themselves for the duty to make reasonable adjustments to apply, reports Phil Allen ‘Disability discrimination law can become very complicated when trying to apply it to many genuine day-to-day employee issues.’A Court of Appeal judgment has placed a significant curb on the extent of the duty to make reasonable adjustments …

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