Employment eBulletin, November 2009

DMH Stallard Employment eBulletin

In this issue:

•	Negligence: LEA who failed to protect a Head Teacher from bullying and harassment by two School governors found liable for her psychiatric injury.
•	Compromise Agreements: the High Court has held that a compromise agreement was unenforceable as the NHS Trust employer had acted outside its powers by agreeing an "irrationally generous" compensation package.
•	Race Discrimination: the EAT has held that Leeds City Council is potentially liable for the act of one of its employees who discriminated against an employee of one of its service providers.
•	Disability discrimination: the EAT has held that an employer's failure to make reasonable adjustments to avoid dismissing a disabled employee was sufficient to render the dismissal itself an act of discrimination.

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

In this eBulletin we examine several interesting cases ahead of the fourth coming Equalities Bill that is due to come into force in 2010. The cases include a negligence claim bought against an employer following harassment by a third party and a sensitive Disability Discrimination case. These cases raise important areas for consideration ahead of the new Equalities Bill that employers may not necessarily be aware of.

We also look at an important case that has wide reaching implications for public sector employers who propose to enter into compromise agreements with departing employees.

I would also like to take this opportunity to remind you of DMH Stallard's training workshops and Masterclass seminars. Places still remain for our Masterclasses on the 10 and 24 November, HR Management - Making the Most of an Up-turn, which will examine the following issues:

• using your existing staff effectively
• use of other resources (agency staff, temporary workers and consultants)
• maintaining efficiencies (performance management, retentions & bonuses), and
• taking on new staff (flexible & zero hours contracts, alternative pay structures).

Full details including booking is available here.

If you have any questions arising from the articles in this eBulletin, please do not hesitate to get in touch.

Taj Rehal
Partner

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Negligence: LEA who failed to protect a Head Teacher from bullying and harassment by two School governors found liable for her psychiatric injury.

A Court has found that an LEA who failed to protect a Head Teacher from bullying and harassment by two School governors was liable for the psychiatric injury caused in the case of Connor v Surrey County Council.

Compromise Agreements: the High Court has held that a compromise agreement was unenforceable as the NHS Trust employer had acted outside its powers by agreeing an "irrationally generous" compensation package.

The High Court has held that a compromise agreement was unenforceable as the NHS Trust employer had acted outside its powers by agreeing an “irrationally generous” compensation package in the case of Gibb v Maidstone and Tunbridge Wells NHS Trust.

Race Discrimination: the EAT has held that Leeds City Council is potentially liable for the act of one of its employees who discriminated against an employee of one of its service providers.

The EAT has held that Leeds City Council is potentially liable for the act of one of its employees, who discriminated against an employee of one of its service providers, in the case of Leeds City Council v Woodhouse and others.

Disability discrimination: the EAT has held that an employer's failure to make reasonable adjustments to avoid dismissing a disabled employee was sufficient to render the dismissal itself an act of discrimination.

The EAT has held that an employer’s failure to make reasonable adjustments to avoid dismissing a disabled employee was sufficient to render the dismissal itself an act of discrimination in the case of Fareham College Corporation v Walters..

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