Weekly Issue 280

Government proposals undermine Equality Act

Thompsons last week published its responses to two government consultations on proposed reforms to the Equality Act 2010 which it says will seriously reduce the current protection available to workers.

Fact finding

Under the 1995 Disability Discrimination Act (now part of the Equality Act 2010), employers have to make reasonable adjustments for workers in certain circumstances. In Olenloa v North West London Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) said that the question as to whether the duty applies when someone goes on sick leave must be based on specific findings of fact.

Headcount stays the same

The law sets out a number of specific circumstances in which redundancies can occur, but what happens when the overall number of employees has not reduced? The Employment Appeal Tribunal (EAT) said in Packman t/a Packman Lucas Associates v Fauchon that there can still be a redundancy even if the overall employee headcount did not diminish.