In this months employment update: • J v DLA Piper [2010] UKEAT 0263_09_1506 - The EAT considers the definition of “disability” in relation to mental impairments under the DDA 1995. • Kraft Foods UK Ltd v Hastie UKEAT/0024/10 - A cap on payments under a redundancy scheme is found not to be discriminatory on grounds of age. • Gibb v Maidstone and Tunbridge Wells NHS Trust [2010] EWCA Civ 678 - The Court of Appeal rejects an NHS Trust’s argument that it had acted outside its powers when it entered into a compromise agreement and that the agreement was therefore not enforceable. • Aitkin v Commissioner of Police of the Metropolis UKEAT/0226/09/ZT - EAT confirms that treatment on the basis of a mistaken perception of disability is not direct disability discrimination or disability-related discrimination under the DDA 1995. • De Belin v Eversheds ET 1804069/2009 - Where measures taken by an employer to protect the rights of an employee who is pregnant or on maternity leave negatively affect another employee, the employer must ensure that the measures are proportionate and try to balance the rights of both individuals.

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