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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

Indirect associative discrimination: a new dawn for anti-discrimination protections?

The European Court of Justice (“ECJ”) last month held that an individual may successfully claim indirect discrimination, even where that individual does not have the protected characteristic being relied upon and is not part of the particular disadvantaged group. While not an employment law case, the implications of this ruling will impact the employment and HR sphere.

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Sexual Orientation: Ensuring Equality in the Workplace

Same-sex couples are able to get married or register a civil partnership in England, Scotland and Wales, which gives them many of the same rights as heterosexual couples. Now that the US has also recognised same-sex marriage as legal in Obergefell v Hodges, the issue of sexual orientation is likely to move into the spotlight of ensuring equality under employment law.

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All “Duncan” and Dusted with carry-over entitlements? Not quite, but hopefully getting there.

The Employment Appeal Tribunal (“EAT”) has now provided further clarification on holiday carry-over entitlements where an employee is absent due to illness. While it is now settled that annual leave continues to accrue during sick leave and that a worker cannot be compelled (although may choose voluntarily) to take holidays during sick leave, the resultant implications of that legal position were more problematic. What length of time does a worker have to take those holidays upon returning to work? Does the carry-over allowance apply only to those physically unable to take holidays during their sick leave? If so, does the onus fall on the worker to demonstrate this? Would employers have to make medical decisions as to whether an illness is sufficiently limiting to qualify? Some of these questions have been addressed (for now at least) by the EAT in Plumb v Duncan Print Group Ltd.

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High Profile Employment Law Victory: The Late F.G. Allan vs Caledonian Windows & Conservatories Limited

Marie Macdonald, Head of our Employment Law Team, has won a high profile victory for the widow of a motor neurone sufferer who died before his case was heard by the Employment Tribunal.

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