header-logo header-logo

17 July 2008 / Ian Smith
Issue: 7330 / Categories: Features , Discrimination , Employment
printer mail-detail

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]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll