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Employment: Is obesity a disability?
In a recent landmark European ruling it has been held that obesity in some instances will be considered a disability and therefore subject to disability discrimination law. Regretfully, the European Court has not given precise rules when this will be the case, but it seems that if the obesity restricts an individual’s ability to actively and fully engage in their work then it is likely to be considered a disability. This case has significant ramifications for employers. If obesity may be considered a disability then employers in some circumstances will need to make appropriate adjustments for such staff. We’ll keep an eye on developments in this area and, of course, keep you up to date.
Relocating to Australia would have previously meant finding a new job, but if your job allows for remote working then why not work from the other side of the world? In a recent case an employee had continued working for her UK employer after emigrating. All good so far, but when a dispute arises does the relocation affect the employee’s legal rights? The tribunal in this case gave an unequivocal, no; this does not alter the employee’s rights. The employee in this case was still entitled to bring a claim under the Employment Rights Act.
Employment holiday pay saga
Following the decision in November last year requesting employers to include regular overtime in holiday pay calculations; concern has mounted about the risk to employers facing significant back-dated claims. To restore business confidence the Government announced in December that it would make changes
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