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Showing 184 results for discrimination
Mistreatment of Migrant Workers due to Immigration Status not Race Discrimination
...Discrimination The Supreme Court has ruled that the mistreatment of two Nigerian migrant workers by their employers was not race discrimination. Speedread The Supreme Court has rejected claims of ra...
Absence of Umbrella Contract Relevant to Employment Status
Absence of Umbrella Contract Relevant to Employment Status When deciding whether someone employed on an assignment by assignment basis has the necessary employment status to bring a discrimination cla...
Expectation that Employee Work Long Hours Engaged Reasonable Adjustments Duty
...discrimination. Disability Discrimination He argued that his employer had breached its duty to make reasonable adjustments to accommodate his disability. His employer denied that it was under a duty...
Ban on Religious, Political and Philosophical Symbols Not Direct Discrimination
...Discrimination A company’s ban on employees wearing religious, political or philosophical symbols did not amount to direct religious discrimination, according to the Advocate General. Speedread A com...
Dismissal for Refusing to Leave Husband was Religious Discrimination
Dismissal for Refusing to Leave Husband was Religious Discrimination An employer discriminated against a teacher on grounds of religion when it dismissed her because she refused to leave her husband...
Loose Connection Between Conduct and Disability Sufficient for Discrimination Arising from Disability Claim
...Discrimination Arising from Disability Claim A disabled employee dismissed for misconduct could claim that his dismissal was discrimination arising from disability even though his bad tempered outbur...
Workers Deprived of Rest Breaks Not Entitled to Injury to Feelings Compensation
...discrimination. Where an injury to feelings award is made in discrimination cases, it is based on the effect of the discrimination on the claimant, not on the default of the perpetrator. By contrast,...
Disciplinary Action for Imposing Religious Views Not Religious Discrimination
Disciplinary Action for Imposing Religious Views Not Religious Discrimination An employer who disciplined an employee who tried to foist her religion on to a junior member of staff had not discrimina...
Refusal to Extend Permanent Health Insurance Beyond 60 Not Age Discrimination
...discrimination by the employer. In addition, the employer’s decision not to extend a PHI policy it introduced in 2007 (which provided cover to age 65) was not direct age discrimination. The employee...
No Direct Disability Discrimination as Decision Maker did not Know Employee Disabled
...Discrimination as Decision Maker did not Know Employee Disabled An employee’s dismissal was not direct disability discrimination as the decision maker did not know that he was disabled. Occupational ...
Injury to Feelings Compensation Taxable as a Termination Payment
...discrimination and unfair dismissal, seeking compensation for loss of earnings and injury to feelings. Following a successful mediation, his employers agreed to pay him £200,000 under a settlement agr...
Instruction Not To Speak Russian at Work Not Race Discrimination
...discrimination claim Some employers may have introduced or may be considering introducing a requirement to speak English at work. Such a requirement may give rise to indirect race discrimination. Ho...
Employer Not Required to Make Adjustments to Absence Management Policy
...discrimination arising from disability. Employers would then have to justify the treatment.
Competitive Interview Requirement was Disability Discrimination
...Discrimination arising from disability The failure to appoint Mr Waddingham to the CRM post was also discrimination arising from disability. He was not appointed due to poor performance at intervie...
Can an employer’s failure to investigate a fabricated allegation amount to race discrimination?
...discrimination? An employee could not complain of race discrimination when his employer failed to investigate a made up grievance as he had not suffered a detriment. Speedread An employee had been tre...
Ill-health dismissals: Fairness and Disability Discrimination
Ill-health dismissals: Fairness and Disability Discrimination In cases of dismissal for long-term sickness absence, employment tribunals must always consider whether the employer could be expected to ...
Associative Discrimination: What Degree of Association is Required?
...Discrimination: What Degree of Association is Required? In a claim for associative victimisation, no particular relationship is needed between the victim of discrimination and the person who has done ...
Tribunal Fees Lawful Rules Court of Appeal
...discrimination claims and are therefore disproportionately affected by the higher fees for bringing discrimination claims. Decision The Court of Appeal ruled that fees do not act as a barrier to jus...
Calculating Ill-health Pension by Reference to Part-time Salary Not Disability Discrimination
Calculating Ill-health Pension by Reference to Part-time Salary Not Disability Discrimination An employer did not discriminate against a disabled employee when it calculated his ill-health pension on ...
Watch out for Indirect Discrimination by Association
...Discrimination by Association The European Court of Justice has ruled it is possible to bring claims of discrimination by association under the EU Race Directive in cases of indirect discrimination, ...