Labour & European Law Review
24 July 2008
The European Court of Justice has decided in the case of Coleman v Attridge Law that disability anti-discrimination legislation covers able-bodied employees “by association”.
When parties are in dispute, the law says they can rely on the “no prejudice” rule. In Brodie v Nicola Ward t/a First Steps Nursery (IDS 854), the Employment Appeal Tribunal (EAT) said that the rule still applies even if it forms the core of a constructive dismissal claim.
The law says that employees are entitled to compensation if they are unfairly dismissed. In Cowen v Rentokil Initial Facility Services (UK) Ltd (t/a Initial Transport Services)(IDS 854), the Employment Appeal Tribunal (EAT) confirmed that employers may still be liable to pay compensation if their employee gets a replacement job that turns out to be temporary.