header-logo header-logo

07 August 2009 / Charles Pigott
Issue: 7381 / Categories: Features , Employment
printer mail-detail

Wrong questions, right answers

istock_000004924178small_4

Ambiguities in health questionnaires are likely to be resolved in the employee’s favour,
says Charles Pigott

The trial judge’s outline of the facts in Cheltenham Borough Council v Laird [2009] EWHC 1253, [2009] All ER (D) 188 (Jun) starts with a quote from the council’s recruitment literature, praising the attractions of Cheltenham’s gracious architecture and thriving cultural life.

Presumably it was intended to form an ironic backdrop to his 50,000-word judgment chronicling a long —and far from gracious—battle between the council and its former chief executive.

Ms Laird’s employment with the council started in early 2002 and ended, after almost continuous disputes and litigation, in 2005. Ms Laird’s health was increasingly under pressure, but finally broke down when she passed out with a particularly severe panic attack on being told she had been suspended.

She was later found to be eligible for early retirement on health grounds.

The medical evidence submitted on Ms Laird’s behalf demonstrated that she had previously suffered from depression. That prompted the council to apply for disclosure of

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

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

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
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
back-to-top-scroll