Home » Website updates July to August 2020

Website updates July to August 2020

Disclaimer – please read
This page does not apply outside Great Britain.
Last updated 2nd August 2020.

Coronavirus

New page on Face coverings and stammering, including:

  • how far the disability exemption for face coverings on public transport and shops etc in England could apply,
  • expanded requirement for face coverings from 8th August,
  • other businesses, health services etc requiring customers to wear a face covering,
  • workers required by their employer to wear a face covering.

Also Coronavirus (Covid-19) page updated.

Jobs done by people who stammer

Additions to Examples of jobs done by people who stammer/ stutter:

Reasonable adjustments: what is a PCP?

In Ishola v Transport for London the Court of Appeal considered whether a one-off act could be a “provision, criterion or practice” (PCP) giving rise to a reasonable adjustment claim.

The court said that a “practice” does not need to have been applied to anyone else. However it should carry with it an indication that it will or would be done again in future if a similar case arises.

Recommendations

In Hill v Lloyds Bank (bailii.org), 2020, the Employment Appeal Tribunal (EAT) took a broad view of what type of recommendation an employment tribunal can make.

Here the EAT held a tribunal had power to recommend that the employer give an undertaking that the employer would not require the claimant to work with either of two former line managers with whom she had problems and, if at a later stage there was no alternative, that she would be offered a severance package equivalent to that provided on redundancy. More on the Hill case: Remedies in employment disputes>Recommendations.

Brexit: Which courts can depart from EU case law after the end of 2020?

On 2nd July the government issued a consultation document on this: Retained EU Case Law: Consultation on the departure from retained EU case law by UK courts and tribunals (pdf, gov.uk).

Legislation already says that when the Brexit implementation period ends at the end of this year, the Supreme Court can depart from previous (ie before 1st January 2021) EU case law where it can depart from its own case law. The Supreme Court sees its own case law as “normally binding” but can depart from it “when it appears right to do so”. This consultation proposes that either the Court of Appeal should be able to depart from this EU case law too (option 1), or both the Court of Appeal and the High Court should be able to do so (option 2). The consultation invites views on whether any other courts should be added under either option. Equivalent courts in other parts of the UK would also be included in the regulations.

The consultation proposes that any courts allowed to depart from this EU case law should apply the same test as the Supreme Court, so in effect they too would normally follow the pre-January 2021 EU case law. It is different if the UK has amended the relevant UK legislation after 2020 – amendments to UK law can override EU law (unless the UK agrees otherwise with the EU).

More: Brexit and disability discrimination under Equality Act 2010>Regulations allowing departure from EU case law.

20th anniversary of stammeringlaw, 1999-2019