Employment News - May 2017 #2

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Wrong answer – applicant should have been allowed an alternative to multiple choice test

The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated against when her request to be allowed to answer questions in a situational judgment test in short narrative rather than multiple choice was refused.

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Bigger not always better – bargaining unit was appropriate despite fragmentation

In Lidl Ltd v CAC the Court of Appeal confirmed the Central Arbitration Committee's decision that a bargaining unit proposed by the GMB union was appropriate for statutory recognition, even though it covered a limited number of staff at one location only.

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One worker two employers – whistleblower could bring detriment claim against his training body

In a decision confirming the scope of the extended definition of "worker" for the purposes of whistleblowing protection, the Court of Appeal in Day v Health Education England concluded that a junior doctor could bring a whistleblowing detriment claim against his national training body despite the fact that he was employed by an NHS Trust.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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