Employment Law Bulletin June 2016

Tuesday 14 June 2016

Welcome

Greetings from the last employment update before the referendum on EU membership. The employment law world may be a very different place on June 24, or it may not, depending on which way the vote goes. If we do vote to leave, then there will be interesting times ahead from an employment law perspective, given how much of our legislation is derived from the EU. Whether this would mean immediately abandoning wholesale great swathes of EU-based law (TUPE? Discrimination legislation? Working Time Regulations?) is doubtful, to say the least, but there would surely be an uncertain time ahead given the opportunities for legislating outside the strictures of the EU and the fact that governments of all hues seem to find it hard to resist changing employment law, given half a chance. We will leave it to you to decide whether this would be a good thing for anyone other than employment lawyers…

Disability and Reasonable Adjustments

The duty to make reasonable adjustments in respect of a disabled employee arises when the employer applies a ‘provision criterion or practice’ (or “PCP”) which puts the employee at a disadvantage when compared with employees who are not disabled. The duty is then to take such steps as it is reasonable to take in order to remove the disadvantage or to prevent it from arising. But how formal does a PCP need to be to qualify for these purposes?