November 2009 Archives - 2/2 - Employment Law Advocates

Tapere reported

17-Nov-2009 / James Medhurst / No Comments

I was delighted to discover last week that¬†a case I conducted, Tapere v South London and Maudsley NHS Trust, which I discussed in this post, has been reported¬†in the Industrial Relations Law Reports at IRLR 972. It¬†was¬†analysed¬†by Michael Rubenstein in his 'Highlights' section¬†but I must¬†admit that¬†I found his reasoning rather odd.¬†¬†He said, 'However laudable such a purposive interpretation, the result of this reasoning can be seen as rather harsh in this case and could create practical difficulties more generally. ...

Read & Comment

Disability discrimination in chaos (again)

16-Nov-2009 / James Medhurst / No Comments

Since Malcolm, the issue of knowledge of a disability has gained a great deal of importance because it is a requirement for a successful claim for a failure to make reasonable adjustments, which is now the most important head of claim. It has also become a requirement for disability-related discrimination in the unlikely event that the comparator problem is overcome. Although there is no statutory test¬†in the latter case, the principles are likely to be similar to those that arise ...

Read & Comment

Grainger v Nicholson

03-Nov-2009 / James Medhurst / No Comments

Judgment has now also been given by the Employment Appeal Tribunal in this case, further to¬†my earlier¬†discussion of the submissions here. The outcome, that a¬†passionate belief in climate change, accompanied by a moral imperative to do something about it, is capable of constituting a¬†philosophical belief for the purpose of the Religion or Belief Regulations, is contrary to my original intuition¬†but unsurprising, having had¬†the benefit of hearing the arguments¬†made on the day. The case of John Bowers QC that the test ...

Read & Comment