DENTAL BULLETIN, ISSUE 41
Some Other Substantial Reason for dismissal (or SOSR dismissal) is not a type of dismissal that is utilised that often. However, it is a tool you can use as an employer if you need to make substantial changes in your business and need to dismiss employees, but one of the other potentially fair reasons does not apply.
First and...Read More
DENTAL BULLETIN, ISSUE 32
Anyone who provides a service to the public has a duty to make reasonable adjustments. This encompasses dentists and dental practices. If you fail to comply with this duty the patient with the disability can issue a claim against you in the County Court for discrimination and seek to recover damages, which can include an award for injured feelings. As if this was not...Read More
In the summer (July 2014), we reported that the European Court of Justice (ECJ) were being asked to determine whether obesity should be considered a disability under Equality legislation. It involved the case of a Dutch childminder who claimed he was dismissed due to being overweight (he reportedly weighed 25 stone), and argued that he should have been considered disabled*.
The Advocate General (AG) has given his opinion in the Danish case of Kaltoft that we reported last month in which the European Court of Justice (ECJ) have been asked to rule on whether Obesity is a Disability.
In short, the AG has essentially said that ‘it probably can’.
He stated that whilst obesity itself is not a disability, that “severe, extreme or morbid obesity, will create limitations,...Read More