14. East Lindsay District Council v Daubney

Posted on November 26, 2017 by Darren Newman

In this episode we look at dismissal for long-term absence. The classic explanation of how a fair employer should approach the issue is East Lindsay District Council v Daubney  but the law has moved on a bit since then and we now have to think about disability discrimination as well as just reasonableness. How much of a difference does that make and is the Court of Appeal decision in O’Brien v Bolton St Catherine’s Academy the way forward, or should we look to City of York v Grosset?

Posted in Podcasts | Tagged , , , , , | 2 Comments

13. Abernathy v Mott, Hay and Henderson

Posted on September 14, 2017 by Darren Newman

After a summer break its back to 1974 to look at how we determine the reason for dismissal. Abernathy v Mott, Hay and Henderson tells us to look at what is going on in the mind of the employer – but can that principal help us look at whistleblowing dismissals? The recent decision in Beatt v Croydon Health Services NHS Trust says not.

 

Posted in Podcasts | Tagged , , | 1 Comment

12. Williams v Compair Maxam Ltd

Posted on June 7, 2017 by Darren Newman

This episode looks  the classic redundancy selection case of Williams v Compair Maxam Ltd. With redundancies increasingly run as though they are recruitment exercises, how relevant is this 1982 EAT decision today? Well, things many not have changed as much as you think.

Also mentioned is the more recent case of Green v Barking & Dagenham

Posted in Podcasts | Tagged , , , | 1 Comment

11. Griggs v Duke Power Co

Posted on April 12, 2017 by Darren Newman

We cross the Atlantic in this episode for the case that invented the concept of indirect discrimination – Griggs v Duke Power This is the origin story of indirect discrimination – the case that was used as the basis for the definition  in the Sex Discrimination Act 1975 and the Race Relations Act 1976. Has it stood the test of time? And how does the approach of the US Supreme Court compare with that of the UK Supreme Court in Essop v Home Office?

 

 

Posted in Podcasts, Uncategorized | Tagged , , | 1 Comment

10. James v Waltham Holy Cross UBC

Posted on March 31, 2017 by Darren Newman

Here is a case that you may think you’ve never heard of – but it contains the classic test of fairness when it comes to dismissing someone for poor performance or incompetence. Behind the legal principle, James v Waltham Holy Cross UBC is a strange tale of an employee whose grievance causes offence in high places.

Posted in Podcasts | Tagged , , , | 1 Comment