February In-house newscast

February In-house newscast



Get to grips with the top stories for in-house lawyers with our monthly newscasts brought to you by Radius Law and LexisNexis.

We have scoured the news and therefore are bringing you the most compelling news that's relevant to you - watch, listen, read (see below) or download your crucial monthly update.

This month's top stories...

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.

Remote working
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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About the author:
Helen Hart studied in Cardiff and Germany and qualified as a solicitor in 1998 after a training contract at Allen & Overy in London and Frankfurt. She spent over six years working in-house at Centrica plc and Palm Europe Limited focusing mainly on consumer, advertising and data protection law before returning to private practice at Stevens & Bolton where she was an associate in the corporate and commercial team. She worked for a legal publisher between 2008 and 2012 and has also worked in local government library services. Her main areas of expertise are general commercial law, advertising law and consumer law.