Hogan Lovells
Hogan Lovells

Employment News
18 February 2013


Disability discrimination; settlement agreements; protective awards

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General knowledge test: employer taken to have known about employee's disability


The EAT in Jennings v Barts and The London NHS Trust upheld a tribunal decision that an employer must be taken to have knowledge of an employee's disability (for the purposes of the duty to make reasonable adjustments) where occupational health personnel are aware of the symptoms, even if an accurate diagnosis has not been made.


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Settlement agreements and further changes to the Enterprise Bill


ACAS has started consultation on a Code of Practice on settlement agreements and pre-termination offers to settle.  Further changes to the Enterprise and Regulatory Reform Bill have also been proposed.


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Warning from Watford: information about agency workers must be provided on collective redundancies and TUPE transfers


An employment tribunal has ruled that because a local authority had not provided statutory information on their use of agency workers, during consultation with trade unions on TUPE transfers and a collective redundancy exercise, substantial protective awards should be made to Council workers.


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Elizabeth Slattery




Ed Bowyer





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