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03 January 2008 / Peter Hungerford-welch
Issue: 7302 / Categories: Case law , Law digest , Employment , In Court
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Employment Law

Environment Agency v Rowan  [2008] IRLR 20, [2007] All ER (D) 22 (Nov)

 

An employment tribunal considering a claim that an employer has discriminated against an employee pursuant to the Disability Discrimination Act 1995, s 3A(2) by failing to comply with the s 4A duty must identify:

 

(i) the provision, criterion or practice applied by or on behalf of an employer, or

(ii) the physical feature of premises occupied by the employer,

(iii) the identity of non-disabled com­parators (where appropriate), and

(iv) the nature and extent of the substantial disadvantage suffered by the claimant.

 

It should be borne in mind that identification of the substantial disadvantage suf­fered by the claimant may involve a consideration of the cumulative effect of both the “provision, criterion or practice applied by or on behalf of an employer” and the “physical feature of premises”, so it is necessary to look at the overall picture. Un­less the employment tribunal has identified these four matters, it cannot go on to judge if any pro­posed adjustment is reasonable.

 

Issue: 7302 / Categories: Case law , Law digest , Employment , In Court
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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