Openbrief - an update service from Lupton Fawcett LLP

Discrimination by association

The recent European Court of Justice (ECJ) decision of Coleman -v- Attridge Law has been widely reported as winning significant new rights for carers. However the situation may not be as clear as that.
The case
Ms Coleman claimed ‘discrimination by association’ in that she alleged that she had suffered less favourable treatment and harassment as a [...]

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Employers’ legal advice - for their eyes only?

Legal advice privilege is a long standing rule that protects certain confidential communications between a client and professional legal adviser.  Recent years have seen an increase in the number of non-solicitor organisations (often labelled as ‘Employment Consultants’) providing legal advice to both employers and employees.
However a recent Employment Appeal Tribunal ruling has confirmed that such [...]

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Significant changes to Disability Discrimination?

A recent House of Lords decision (Lewisham -v- Malcolm) has called into question the interpretation of key provisions of the Disability Discrimination Act. Although the case related to the provision of housing accommodation for disabled people, it has the potential to significantly reduce the risk of an employer being liable for discrimination of a disabled [...]

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New right to request time off for training

Following in the footsteps of the right to request flexible working, the Government has recently published its proposals on a new right for employees to request time off for training.
The core proposal is that employees with at least 26 weeks continuous service would have the right to ask their employer to allow them time away [...]

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Date set for retirement age challenge

Regular readers will be aware of the Heyday challenge to forced retirement at age 65.
We now understand that the case is to be heard before the European Court of Justice on 2 July 2008, although a final judgement is not expected before the end of the year.
In the meantime employers can continue to require employees [...]

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