Employment eBulletin, July 2010

DMH Stallard Employment eBulletin

In this issue:

•	The EAT Clarifies Tribunal's Approach on Making Reasonable Adjustments Under the Disability Discrimination Act
•	The EAT Confirms Associative Discrimination is Covered by the DDA
•	New Agency Worker Regulations Due to Come into Force on 1 October 2011 are Under Review
•	Additional Paternity Leave and Pay - New Regulations Apply to Babies Born After 3 April 2011
•	TUPE - The EAT Provides Guidance on a Substantial Change to Working Conditions to an Employee's Detriment

Welcome to the latest edition of the DMH Stallard Employment eBulletin.

In this eBulletin we examine the EAT's decision clarifying the process when considering reasonable adjustments under the Disabilities Discrimination Act.

We also take a detailed look at the EAT's guidance on what a transferring employee has to show to bring a claim based on a substantial change to working conditions to their material detriment under TUPE.

There is also news on the new Agency Worker Regulations 2010 and on additional paternity leave and pay.

We hope that you find the articles in our latest eBulletin useful. If you have any questions arising from the articles then please do not hesitate to get in touch.

Taj Rehal
Partner

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The EAT Clarifies Tribunal's Approach on Making Reasonable Adjustments Under the Disability Discrimination Act

The EAT has held that when determining whether an employer has complied with its duty to make reasonable adjustments under the Disability Discrimination Act 1995 (DDA), the first step is to consider whether making the adjustment would overcome the disadvantage suffered by the disabled person in the case of Wilson v The Secretary of State for Work and Pensions (Job Centre Plus) and Others [2010] UKEAT.

The EAT Confirms Associative Discrimination is Covered by the DDA

The EAT has held that the Disability Discrimination Act (DDA) covers discrimination by reason of, and harassment related to, a third person’s disability (associative discrimination) and suggested additional wording to the DDA to cover this in the case of EBR Attridge LLP and another v Coleman (No 2)

New Agency Worker Regulations Due to Come into Force on 1 October 2011 are Under Review

Regulations to provide that agency workers have the same basic working and employment conditions as permanent staff were due to come into force on 1 October 2011, however the government has announced these are to be reviewed.

Additional Paternity Leave and Pay - New Regulations Apply to Babies Born After 3 April 2011

New Regulations to facilitate the introduction of additional paternity leave and pay came into force on 6 April 2010, but will only take effect for parents of babies due on or after 3 April 2011 (or children matched for adoption on or after that date).

TUPE - The EAT Provides Guidance on a Substantial Change to Working Conditions to an Employee's Detriment

The EAT has provided guidance on what amounts to a substantial change to a transferring employee’s working conditions to their material detriment in the case of Tapere v South London and Maudsley NHS Trust.

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