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O'Hanlon V Revenue And Customs Commissioners
''O'Hanlon v Revenue and Customs Commissioners'' 007EWCA Civ 283is a UK labour law case concerning disability discrimination. Facts Mrs O'Hanlon had clinical depression. She had absences from work at the Inland Revenue because of her disability, but also some from unrelated sicknesses. She was paid according to the employers' sick pay rules, that full salary would be given for a maximum of six months and then half pay for a further six months up to a maximum of one year in any four-year period. After that the pension rate of pay would be given. Mrs O'Hanlon argued these rules amounted to discrimination under the DDA 1995 s 3A(1) because the Revenue were failing to pay her fully for illness connected with her disability. Further, she argued that this was breaching the duty to make reasonable adjustments (s 4A). A reasonable adjustment, she suggested, would be full pay after the usual six-month period expired. The tribunal held that she was not less favourably treated than others ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bilka-Kaufhaus V Weber Von Hartz
''Bilka-Kaufhaus GmbH v Weber von Hartz'' (1986) , , is an EU labour law case, that sets out the test for objective justification for indirect discrimination. Facts Karin Weber von Hartz was a part-time worker, who had worked for 15 years at Bilka-Kaufhaus. She was refused pension payments under her contract with her employer Bilka-Kaufhaus, which required her to have worked full time for 15 years. She had a German state pension, on top, however. She claimed this was sex discrimination under the Treaty establishing the European Economic Community (TEEC) article 119 (now TFEU The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ... art 157). She alleged that women work more part-time, so they are at a disadvantage. Bilka-Kaufhaus argued it was justified in excluding part-time workers be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2007 In Case Law
7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has greatly symbolic associations in religion, mythology, superstition and philosophy. The seven Classical planets resulted in seven being the number of days in a week. It is often considered lucky in Western culture and is often seen as highly symbolic. Unlike Western culture, in Vietnamese culture, the number seven is sometimes considered unlucky. It is the first natural number whose pronunciation contains more than one syllable. Evolution of the Arabic digit In the beginning, Indians wrote 7 more or less in one stroke as a curve that looks like an uppercase vertically inverted. The western Ghubar Arabs' main contribution was to make the longer line diagonal rather than straight, though they showed some tendencies to making the digit more rectilinear. The eastern Arabs developed the digit f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Labour Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clark V Novocold Ltd
''Clark v TDG Ltd (t/a Novacold Ltd)'' 999IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995. Facts Mr Clark was injured at work (a frozen food warehouse in Hull). He was then dismissed when an orthopaedic doctor said he did not know when he would be able to start again. Judgment Mummery LJ said that the DDA drew no distinction between direct and indirect discrimination, and a justification defence is always available. The comparator was someone who was not disabled and could do the work. There certainly was discrimination, but on the question of justification, no attention had been paid to the Code of Practice. Significance Some of the comments in thiecase are no longer good law. Since Directive 2000/78/EC, there has been an amendment to the Disability Discrimination Act so that a distinction between direct and indirect discrimination was introduced, and the language of the Act clarified. ''Lewisham LBC v Malcolm and EHRC'' 008UKHL 43, 008IRLR 7 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Archibald V Fife Council
''Archibald v Fife Council'' 004UKHL 32is a UK labour law case, concerning the Disability Discrimination Act 1995. Facts Mrs Archibald was employed as a road sweeper for Fife Council. She had surgery in 1999. Sadly there were complications. She lost the ability to walk and could no longer work. The council kept her as an office worker. She was placed on the shortlist for all upcoming vacancies. As Baroness Hale said in her statement of the facts, Mrs Archibald argued at the employment tribunal that her dismissal was unlawful under s 4(2) DDA 1995 for discrimination in failing in their duty to make reasonable adjustments (s 6) and causing her substantial disadvantage, particularly the requirement for competitive interviews. The employment tribunal held that the council's treatment was justified under s 5(1)(b) DDA 1995. The request that competitive interviews be removed would have been too favourable, contrary to s 6(7). Both the Employment Appeal Tribunal and the Inner Hous ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frustration In English Law
Frustration is an English contract law doctrine that acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party's principal purpose for entering into the contract. Historically, there had been no way of setting aside an impossible contract after formation; it was not until 1863, and the case of '' Taylor v Caldwell'', that the beginnings of the doctrine of frustration were established. Whilst the doctrine has seen expansion from its inception,Koffman, Macdonald, p. 520 it is still narrow in application;Halson, p. 419 Lord Roskill stated that "the doctrine is not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains." Development of the doctrine Early cases such as '' Paradine v Jane'' show the historical line that the courts took toward a frustration of purpose in contract; here, the courts held that where land under lease to the def ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hampson V Department Of Education And Science
''Hampson v Department of Education and Science'' 989ICR 179 is a UK labour law case, concerning the test for justification of discrimination. Facts A language teacher from Hong Kong had done a two-year training course at home. She came to the UK where the requirement was for three year qualifications. She did a further one-year training course. The Secretary of State refused to recognise her qualification as comparable, because her three years was not consecutive. She argued this was race discrimination. However, the Secretary of State argued it fell within the exception under the Race Relations Act 1976 section 41 (acts done under statutory authority). Judgment The Court of Appeal, upholding the EAT, found for the Department under RRA 1976 section 41. Balcombe LJ, dissenting, would have remitted the case to tribunal to assess justification. He set out the current approach for justification, relying on ''Rainey v Greater Glasgow Health Board ''Rainey v Greater Glasgow Heal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rainey V Greater Glasgow Health Board
''Rainey v Greater Glasgow Health Board'' 987IRLR 26 is a UK labour law case concerning the justifications for unequal pay. Facts Ms Rainey was a prosthetist. Men had been recruited from private practice, to the Board’s new prosthetic fitting service, which had previously been done by private contractors. The men had comparable qualifications and experience. They were paid 40% more. The women were directly recruited on the NHS pay scale. There had been no arrangements to phase out the pay disparities. Judgment Lord Keith, overturning Lord Denning in ''Clay Cross'' said that ‘material’ meant ‘significant and relevant’ and one should consider all the case’s circumstances, which may well go beyond personal qualities. He noted the ECJ would probably not exclude administrative efficiency concerns. He then said that the Whitley Council pay scale had been the natural thing for the NHS women to join. It was an ‘accident’ that the people coming from the private sector ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Race Relations Act 1976
The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. The scope of the legislation included discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of goods and services, education and public functions. In the field of employment, section 7 of the Act extended protection to "contract workers", that is, someone who works (or is prevented from working) for a person but is employed not by that person ("the principal") but by another person, who supplies the worker under a contract between the principal and the worker's employer. Typically this clause protects the rights of agency workers to be protected from racial discrimination. This provision was reviewed in a 2010 legal case, Leeds City Council v Woodhouse and Another,Leeds City Council v Woodhouse & Anor 010EWCA Civ 410 in which the courts opted for "a broad reading" of secti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clinical Depression
Major depressive disorder (MDD), also known as clinical depression, is a mental disorder characterized by at least two weeks of pervasive low mood, low self-esteem, and loss of interest or pleasure in normally enjoyable activities. Introduced by a group of US clinicians in the mid-1970s, the term was adopted by the American Psychiatric Association for this symptom cluster under mood disorders in the 1980 version of the ''Diagnostic and Statistical Manual of Mental Disorders'' (DSM-III), and has become widely used since. The diagnosis of major depressive disorder is based on the person's reported experiences, behavior reported by relatives or friends, and a mental status examination. There is no laboratory test for the disorder, but testing may be done to rule out physical conditions that can cause similar symptoms. The most common time of onset is in a person's 20s, with females affected about twice as often as males. The course of the disorder varies widely, from one epis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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