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Spring 2010 Newsletter


Content

Leading article...

We can't go on like this...

General tax...

The name is Bond

Blessed are the givers

Excuses, excuses

PAYE the penalty

Silver and gold

Moving goalposts

Doctor, doctor...

Something phishy

Pension problems

Tax dot com

Unpleasant discoveries

Fair's fair (at last)

Chartered taxpayers

This year, next year

VAT...

Focus your mind

Flat rates aren't flat

Reverse the charges

Flapjack flash

Ready set ECSL

A lofty idea

Law items...

I want my lawyer

Not on my holiday

A grey area

No difference

No difference


From the boss's point of view, employing people can be a minefield - they have so many rights. The workers may see it differently if they need the protection of the law. One area in which European law continues to expand worker protection is non-discrimination. Everyone has a right to be treated equally, regardless of race, gender, religion or disability.

In a recent case, a woman claimed that she was discriminated against by her employer - a law firm - because she had a disabled child. The firm argued that the law didn't apply, but the European Court and the Employment Appeals Tribunal have agreed that it does - an employee should be protected from "discrimination by association" if they are connected with a disabled person, even if they are not disabled themselves.

That doesn't necessarily mean that the employee will win when they argue about the facts. She will still have to prove that the firm treated her differently from someone who had to care for a non-disabled child. If the employer can show that it would have applied the same treatment to anyone taking time off to look after someone else, regardless of the background of that person, then the claim for discrimination will probably fail.

It's all about being fair to everyone - but it's often hard to see how to achieve that.