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17 July 2008 / Ian Smith
Issue: 7330 / Categories: Features , Discrimination , Employment
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Employment law brief: 17 July 2008

DISABILITY DISCRIMINATION

EQUAL PAY CONFLICT

EMPLOYEE MISCONDUCT

The Disability Discrimination Act 1995 (DDA 1995) has had a major impact on employment law, with the received wisdom being that it was intended to go beyond ordinary notions of equality (the basis of the rest of discrimination law) and give greater rights to disabled employees, as a matter of social policy. Indeed, one argument has always been that it really should have been entitled the Disability Protection Act, in order precisely to differentiate it from other discrimination headings. However, this interpretation has been given a rude shock this month by the House of Lords in a landmark decision going to the root of the legislation. That case has dominated the employment law news, but the month has also seen significant developments in relation to permissible comparators in equal pay cases, the possible conflict between industrial relations and EC law and the drafting of compromise agreements in cases where the employee leaves under a cloud.

THE MEANING OF DISABILITY DISCRIMINATION
The decision of the House of Lords in Lewisham LBC v Malcolm [2008] UKHL 43, [2008]

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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