Employment news - May 2018

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No need to know that reason for unfavourable treatment arises from disability

Employees can only succeed with a claim of unfavourable treatment arising from a disability if the employer knows that they have a disability. But the employer does not need to know that there is a connection between the disability and the reason for unfavourable treatment, according to the Court of Appeal in City of York Council v Grosset.

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More of the same – gig economy courier a worker

The EAT has upheld a decision that a cycle courier was a worker, in Addison Lee Ltd v Gascoigne.

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Start again – shared parental pay case goes back to tribunal

In Hextall v Chief Constable of Leicestershire Police, the EAT has considered another case in which paying enhanced maternity pay but only shared parental pay was challenged as sex discrimination. This case is returning to the tribunal for further consideration.

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In the round – context meant comment about IS not harassment

The EAT decided that it was not harassment for one employee to ask another "are you still promoting IS?", given the context within which the comment was made in Bakkali v Greater Manchester Buses (South) Ltd.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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