Case Round Up Monday 9th November 2009
There have been some noteworthy cases over the last couple of weeks, such as;
Grainger plc v Nicholson UKEAT/0219/09/ZT
Climate change can be a philosophical belief and thus capable of protection within the terms of the Employment Equality (Religion or Belief) Regulations 2003. Please see my previous post on this high profile case at my blog.
Autoclenz Ltd v Belcher & ors [2009] EWCA Civ 1046
A case on the distinction between employee, worker or self-employed. The Respondents were car valeters. All the factors usually considered in determining whether a person was employed or self-employed suggested they were employees. The “contract” they signed said they were “sub-contractors” but that did not reflect the reality of the situation. The CA held they were employees.
Attridge Law v Coleman UKEAT/0071/09/JOJ
The EAT has confirmed that “associative discrimination” is covered under the Disability Discrimination Act 1995 (DDA). In other words, a mother who sought flexible working from her employers in order to care for her disabled son, but whose employment was subsequently terminated, can bring a claim under the DDA as a result of being treated less favourably.
X v Mid-Sussex CAB [2009] UKEAT 0220_08_3010
Another DDA case. Volunteers are not protected by the DDA or the EU Framework Directive.
Abbreviations
ET = Employment Tribunal
EAT = Employment Appeal Tribunal
CA = Court of Appeal
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These summaries contain our understanding of the law. They do not constitute legal advice and you should not act upon or rely upon anything contained in this summary (or anywhere in this blog) as legal advice.