Category Archives: Common Law

What is a Disability?

NelsonIn the United Kingdom, the general question of what constitutes a disability is extremely subjective and although the protection afforded by the Equality Act 2010 only applies to those with disabilities falling within the specific definition contained in that Act, there are other public definitions and requirements which are used to determine eligibility for such things as financial allowances or participation in mobility schemes. … Read More

When HR fails to ensure procedural fairness.

legal-postIn allowing an appeal against an Employment Tribunal ruling, the EAT questioned the fairness of HR intervention when making a decision in the disciplinary process.

In the recent case of Ramphal v Department of Transport the Employment Appeal Tribunal [EAT] questioned the intervention of the HR department in that there had been a significant change in the opinion of the manager hearing the case following their interactions.  … Read More