Clearly a quiet week over at Acas Towers, judging by all the detailed advice and reasoned analysis which doesn’t feature in its new two-page guidance note on long Covid (also referred to in the guidance as “long-tail Covid”, which is the same but with more feathers). The main thrust of the guidance is notionally to … Continue Reading
In my post last week, I considered the extent of an employer’s duty to make reasonable adjustments to accommodate an employee whose difficult workplace attitude is alleged to have its origins in a disability. However, there is another angle to this question which the employer must also bear in mind.… Continue Reading
Back in 2017 we posted a piece about the difference between disability and unhappiness at work. In that case, Mr Herry had been off work for over a year but still failed to establish that he was disabled. In large part this was because his absence was felt not to be the result of an … Continue Reading
You are hearing the appeal of an employee with less than two years’ service dismissed on the grounds of admitted poor conduct. What can possibly go wrong? Certainly not the seeming afterthought on the employee’s part, not mentioned at the dismissal stage, that her conduct might in part be explained by a depressive condition of … Continue Reading
Legally-speaking O’Brien – v – Bolton St Catherine’s Academy as reported last week is mostly about how much overlap there is between fairness for unfair dismissal purposes and justification in disability discrimination terms (in brief, very substantial). It is also a fine illustration of how hard it is to overturn an Employment Tribunal judgement on … Continue Reading
Mr Bentley described himself as a ‘photographer and entertainer’ in the claim forms that he presented to various Employment Tribunals. However, a more accurate description of his career, according to a recent case in the Employment Appeal Tribunal, might as well be ‘serial pursuer of hopeless cases’. Mr Bentley’s modus operandi was to offer his … Continue Reading
Squire Sanders’ attorneys Tara Aschenbrand, Lew Clark, and Susan DiMickele are pleased to participate in the American Health Lawyers Association’s (AHLA) webinar “Have the New ADA Regulations Really Changed the Game for Employers?” on June 6. The program will explore the impact of the ADA Amendments Act (ADAAA) on employers and whether it has altered … Continue Reading
Listening to the Today programme on Radio 4 this week, I was somewhat surprised to hear that it had taken a Committee of MPs a three month inquiry, which included an online consultation and oral evidence, to conclude that a large number of the population are not satisfied with their (their own, not the MPs’, … Continue Reading
The United States Court of Appeals for the Sixth Circuit recently announced a change to the causation standard that will be used when adjudicating cases under the Americans with Disabilities Act (ADA). This change will affect ADA cases contested in the federal courts of that circuit, which include the states of Kentucky, Michigan, Ohio, and … Continue Reading
