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Dentons lawyers named in Who’s Who Legal Thought Leaders: Global Elite 2019 guide
Dentons is proud to congratulate six of our lawyers who have been recognised by Who’s Who Legal in its Thought Leaders: Global Elite 2019 guide.
With all the changes and announcements in 2018, our Eurozone Hub has collated the following supervisory outlook for 2019 as a non-exhaustive “Playbook” for Banking Union Supervised Institutions and other regulated market participants already based in or otherwise relocating to the EU and/or the Eurozone.
Canada Federal Budget 2019
In the wake of the release of the much-anticipated 2019 Federal Budget, members of Dentons’ Tax group, together with a team at Wolters Kluwer, have prepared a Special Report which provides a detailed analysis and concise summary of the changes featured in the Budget.
Global tax guide to doing business in... 2019
Our Global tax guide to doing business in… highlights the complexities of corporate tax systems in 28 countries across Africa, the Americas, Asia Pacific, Australia and Europe.
US Policy Scan 2019
In Policy Scan 2019, Dentons' US Public Policy team's annual analysis of the legislative and political landscape, we take a close look at the issues, questions and conflicts that will dominate the dialogue on Capitol Hill and in the White House over the coming year.
Starting your career as a student at Dentons exposes you to a world of experience and opportunities
With 175 locations in 78 countries, Dentons is home to top-tier talent that is found at the intersection of geography, industry knowledge and substantive legal experience. Working with Dentons, you will have the opportunity to learn from the best lawyers in the industry at the largest law firm in the world.
The Legal 500 EMEA 2019 recognizes over 130 Dentons lawyers
The 2019 edition of The Legal 500 Europe, Middle East and Africa has recognized 133 Dentons lawyers, of which 89 have been included in the elite “Leading Lawyers” list, while 44 are listed as “Next Generation Lawyers”.
Dentons launches Market Insights publication: “Digital Transformation and the Digital Consumer”
Dentons, the world’s largest law firm, has launched a new Market Insights publication entitled “Digital Transformation and the Digital Consumer”, which examines the legal implications of the online economy.
Dentons ranks across 68 tables securing 109 individual and 43 practice rankings in Chambers USA
Global law firm Dentons earned 109 individual and 43 practice rankings - a 20% increase over last year - in the most recent edition of Chamber USA.
It's been a busy few weeks for judgments; we round up the most recent discrimination cases below.
Certain conditions – including cancer – are specifically deemed to be disabilities for the purpose of protection under the Equality Act 2010 (EqA). In such cases, claimants are released from the usual requirement to demonstrate an impairment with a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
The claimant in Lofty v. Hamis suffered from a "lentigo maligna", which her consultant described as a "pre-cancerous lesion which could result" in skin cancer. She had successful treatment to remove the malignant cells before they had spread. The employment tribunal decided that the successful treatment meant that the claimant did not have cancer. On appeal, the Employment Appeal Tribunal (EAT) overturned that decision, holding that:
The EAT therefore substituted a finding that the claimant had a deemed disability – cancer – under the EqA. This makes it important that employers do not rely on medical shorthand. Pre-cancer is still cancer for the EqA.
The employer in Really Easy Car Credit v. Thompson decided to dismiss the claimant during her probationary period because of her "emotional volatility" and work ethic. It took this decision on 3 August 2016 but did not immediately inform the claimant. The next day, the claimant notified her employer that she was pregnant. On 5 August 2016, she was given a dismissal letter dated 3 August 2016. The claimant alleged that the dismissal letter had been falsely backdated and that the decision to dismiss her had been taken after the employer knew about her pregnancy and for that reason.
The employment tribunal rejected the claimant's factual account and held that the decision to dismiss had been taken on 3 August 2016. However, it went on to decide that, once the employer learned of the pregnancy, it should have been obvious that her behaviour and conduct was pregnancy related. On that basis, the employer had failed to establish that the dismissal was not related in any way to the claimant's pregnancy.
The EAT disagreed, holding that:
Nonetheless, the case was sent back to the employment tribunal to consider the reason for the dismissal, whether it was because of the claimant's pregnancy, and whether that was the reason or the primary reason as at 5 August 2016 (no findings of fact had been made in this regard by the tribunal).
As always, be very careful in such situations. Even if the employer is not aware of the pregnancy, it may be difficult to prove that.
In Air Products v. Cockram the claimant resigned at the age of 50. This meant that he forfeited his right to an unvested award under the rules of his employer's long-term incentive plan (LTIP).
The LTIP rules did however contain an exception to the general principle of forfeiture on termination. This exception allowed employees who left employment on or after a customary retirement age – which was fixed at age 55 – to retain their awards.
On that basis, had the claimant been 55 (and not 50) at the time of resignation he would have retained his award. He brought a claim alleging that this rule amounted to unlawful direct age discrimination. Unlike all other forms of direct discrimination, direct age discrimination claims can be defended on the basis that the discrimination in question is, broadly, a proportionate means of achieving a legitimate aim.
The Court of Appeal (CA) reinstated the decision of the employment tribunal – reversing the decision of the EAT – holding that (among other things):
The claim for age discrimination did not therefore succeed. Detailed evidence to support the claim and its impact was produced in this case. Without it the decision is likely to have been different.