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Showing 184 results for discrimination
Vegetarianism and beliefs about transgenderism not protected
...discrimination due to religion or philosophical belief (including a lack of belief). In Grainger PLC v Nicholson, the Employment Appeal Tribunal gave guidance on when a philosophical belief...
Whistleblowing protection extended by Supreme Court
...discrimination on grounds of status. As the legislation did not provide her with whistleblower protection, it discriminated against her in the exercise of her right to freedom of expression. This ...
Discriminatory pay policy justified by need to balance books
...discrimination solely on the ground that avoiding discrimination costs more. Saving or avoiding costs will not, without more, amount to a legitimate aim. The essential question is whether t...
Lack of interim relief remedy for discrimination claims may be unlawful
...discrimination claims may be unlawful The Employment Appeal Tribunal has ruled that the absence of interim relief as a remedy for discrimination claims arising from dismissal breaches the European Con...
Pimlico plumber loses £74,000 holiday pay claim
...discrimination and holiday pay. Pimlico Plumbers disputed he was a worker, maintaining that he was self-employed. The employment tribunal ruled that Mr Smith was a worker and Pimlico’s appeals all the...
Employers can pay more during adoption leave than shared parental leave
...discrimination. Employment tribunal rejects sex discrimination claimMr Price claimed it was unlawful sex discrimination to pay a man who took shared parental leave less than a woman who took mate...
Office-working requirement discriminated against carer
...discrimination by association. She argued that Nationwide was discriminating against her due to her mother’s disability. Unlike for direct discrimination, the indirect discrimination...
Employment tribunal wrong to strike out menopause disability discrimination claim
...discrimination claim Menopause disability discrimination claimThe Employment Appeal Tribunal has ruled in Rooney v Leicester City Council that an employment tribunal had wrongly decided that a woman s...
Employee with long COVID was disabled
...discrimination following his dismissal on grounds of ill-health. Burke v Turning Point Scotland Mr Burke was employed as a caretaker from April 2001 until his dismissal on 13 August 2021. He...
Do employers have to provide facilities for employees to express breastmilk?
...discrimination and sex harassment against the school. The employment tribunal upheld the sex harassment claim but dismissed the claims for direct and indirect sex discrimination. Sex harassment ...
Flexible working requests and indirect discrimination
...discrimination claim Ms Glover brought a claim for indirect sex discrimination, arguing that her employer’s original requirement for her to work flexibly was a provision, requirement or practice (PC...
Telephone application ruled a reasonable adjustment for job applicant with dyspraxia
...discrimination related issues, please click here, or alternatively, contact a member of our Employment law team. Mallon v AECOM
Settlement agreements can settle unknown future claims
...discrimination claims Mr Bathgate claimed this was direct or indirect age discrimination and brought a claim for post-employment discrimination. His employer argued that he could not bring the clai...
The without prejudice rule: exaggerated allegations and unambiguous impropriety
...discrimination and equal pay, after her role was put at risk of redundancy following her return from maternity leave. She argued that a colleague had been wrongly promoted ahead of her and she attache...
Employer’s £42,000 SMP Bill Despite Employee Agreeing ACAS Settlement
...discrimination which she settled through ACAS. Her employer paid her £60,000 in full and final settlement of all claims. She subsequently complained to HMRC that her employer had not paid her SMP. ...
Assessing disability: Impairment must be long-term when discrimination occurs
...discrimination occurs When considering disability and whether an impairment’s effects are long-term, a tribunal must consider the position at the date when the discrimination is alleged to have taken ...
Ethical veganism is a protected belief
...discrimination on grounds of religious or philosophical belief. In order for a belief to be protected as a philosophical belief it must: Be genuinely held Be a belief and not an opinion or vie...
Police officer refused transfer wins discrimination claim based on perceived disability
...discrimination claim based on perceived disability A police officer who is not disabled has won a claim for direct disability discrimination. The police force refused her transfer application because ...
Refusing overseas posting because of medical concerns not disability discrimination
...discrimination claim if disability is the reason why they treated the employee less favourably, although an employee could also claim discrimination arising from disability. The Court of ...
Dismissal for discussing religion with patients fair
...discrimination has to show that their employer treated them less favourably because of their religion. However, the reason the Trust dismissed her was not her religion but her conduct in continuing to...