Labour & European Law Review
19 June 2019
A report by the Women and Equalities Committee has criticised the routine use of non-disclosure agreements by employers to cover up allegations of unlawful discrimination and harassment.
The Working Time Regulations 1998 state that if a worker cannot take the 20-minute rest break to which they are entitled after working six hours, they should be allowed an “equivalent period of compensatory rest”. In Crawford v Network Rail Infrastructure Ltd, the Court of Appeal held that a compensatory rest break has to have the same “value” as the 20-minute break, but does not have to be continuous.
The law states that employers are required to make reasonable adjustments where a “provision, criterion or practice” puts a disabled person at a substantial disadvantage in comparison with someone who is not disabled. In Linsley v Commissioners for HMRC, the Employment Appeal Tribunal held that tribunals must focus on the disadvantage facing a disabled person when deciding whether the adjustment was reasonable.