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18 June 2009
Issue: 7374 / Categories: Legal News , Local government , Employment
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Local authority receives depressing decision

A local authority has lost its £1m claim against a chief executive who they claimed failed to disclose previous stress-related illnesses in her job application.

A local authority has lost its £1m claim against a chief executive who they claimed failed to disclose previous stress-related illnesses in her job application.

Cheltenham Borough Council sued its former employee, Christine Laird, for making fraudulent or negligent misrepresentations in a job application, by not disclosing she had previously suffered depression.
However, Mr Justice Hamblen dismissed the application, noting that Laird had correctly filled out the council’s medical questionnaire, which asked: “Do you have either a physical and/or mental impairment?”
Hamblen J said: “She did not have an ongoing depressive disorder...A reasonable person in Mrs Laird’s position at the material time would not regard herself as having a physical or mental impairment.”

Hamblen J rejected a counterclaim for damages by Laird to reflect the value of the work she did for the council during her tenure.

Andrew North, chief executive of the council, is consulting with group leaders and legal advisers on whether or not to appeal the ruling.
A decision will be made early next week.

Issue: 7374 / Categories: Legal News , Local government , Employment
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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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