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Showing 184 results for discrimination
Disability must be long-term when discrimination occurs
...discrimination occurs A claimant can only claim disability discrimination if they can show their condition is long-term at the date when the alleged discrimination take place. When is somone disabled...
Removing Christian director who spoke out against homosexuality and same-sex adoption was lawful
...discrimination Mr Page brought a claim for direct discrimination. He asserted that the Trust removed him from office because of his religious beliefs. The employment tribunal rejected hi...
FCA-regulated employee fairly dismissed for not being a “fit and proper person” after misleading employment tribunal
...discrimination claim against his employer which he lost. The employment tribunal found that he had misled the tribunal about certain matters when giving evidence. It indicated that this was of “grave ...
Employee entitled to long-term disability benefits until he could return to the same job
...discrimination should therefore be calculated on that basis. Facts In ICTS (UK) Limited v Visram, Mr Visram was on long-term sick leave and receiving benefits under an insurance-backed permane...
Academy should have known that teacher was disabled before receipt of Occupational Health report
...discrimination, including breach of the duty to make reasonable adjustments. The adjustments identified related to the Academy’s handling of her grievance. The Academy accepted that Ms La...
Change to burden of proof in discrimination claims
...discrimination claims The EAT has ruled that there is no initial burden of proof on a claimant who brings a discrimination claim. Speedread There is no initial burden of proof on a claimant w...
Court of Appeal confirms Claimants bear the initial burden of proof for discrimination claims
...discrimination claims The Court of Appeal has confirmed that the initial burden of proof for discrimination claims rests on the Claimant to establish a prima facie case. Facts In Royal Mail Group Lt...
Implied term prevented employer dismissing employee whilst receiving long-term disability benefits
...discrimination were rejected by the employment tribunal. It ruled that his contract entitled him to long-term disability benefits but it refused to imply a term that ICTS could not dismiss him o...
Protection against victimisation not lost where employee had ulterior motive for alleging discrimination
Protection against victimisation not lost where employee had ulterior motive for alleging discrimination When considering whether a person has acted in bad faith (resulting in them losing protection a...
How do Permanent Health Insurance pay outs affect discrimination compensation?
How do Permanent Health Insurance pay outs affect discrimination compensation? An employment tribunal had been correct not to reduce an employee’s losses by the full amount of Permanent Health Insuran...
Disability discrimination: Failure to consider part-time working meant dismissal not justified
...discrimination arising from disability. The tribunal found his dismissal was unfair due to the employer’s failure to consider a return to work on a part-time basis. However it rejected his discriminat...
Payment to settle part-time working claim taxable as earnings
...discrimination claim arising during employment (as opposed to on termination) a payment made to compensate an employee in respect of lost earnings will be taxable as earnings, on the basis that the em...
Harassment: context is key
...discrimination and harassment. The employment tribunal dismissed his claims. Although viewed in isolation the comment may have been discriminatory, when viewed in context it was cl...
No obligation to revisit dismissal decision on learning of employee’s pregnancy
...discrimination). Employers should be careful about revisiting a decision to dismiss after learning that an employee is pregnant. A fresh decision to dismiss at that point taken on gr...
Availability of injury to feelings compensation in detrimental treatment claims
...discrimination cases using the Vento bands. These currently range from £800 (for less serious cases) to £42,000 (for the most serious cases) and are reviewed annually.
No religious discrimination where director removed after expressing opposition to same sex adoption in media interviews
...discrimination, harassment and victimisation. Decision The employment tribunal dismissed his claims. There was no direct discrimination because Mr Page had not been removed from h...
Segregating boys and girls at mixed school is unlawful
...discrimination. Speedread The Court of Appeal has ruled that segregating boys and girls at a co-ed school is unlawful direct sex discrimination. Looking at the issue from the perspective of an...
Employer entitled to calculate ill-health pension by reference to part time salary
...discrimination. We understand that Mr Williams is seeking leave to appeal to the Supreme Court. Implications Benefit schemes which only benefit disabled employees will not fall foul of d...
Court of Appeal Guidance on Discrimination Awards Where Psychiatric Injury Caused by Multiple Factors
...discrimination complaint and was unfair. The employment tribunal ruled that Mr Dent’s comment was an act of sex discrimination and upheld her other claims, awarding compensation of around £360,0...
Whistleblowing Dismissal Automatically Unfair Despite Decision-Maker being Unaware of Disclosure
...discrimination cases. In discrimination cases, the tribunal must focus on the thought processes and motivation of the decision-maker when considering whether there is a discriminatory reason for dism...