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Showing 184 results for discrimination
Payment to Settle Bonus Discrimination Claim Not Taxable
...Discrimination Claim Not Taxable A payment made to settle a potential discrimination claim for an underpaid bonus was not taxable. In Mr A v HMRC, Mr A was a trader at a bank. He raised a grievance a...
Dress Requirement did not Indirectly Discrimination against Muslim Women
Dress Requirement did not Indirectly Discrimination against Muslim Women A requirement that clothing must not present a tripping hazard did not indirectly discriminate against Muslim women. In Begum v...
Employee Who Objected to TUPE Transfer Not Protected Against Discrimination by Transferee
...Discrimination by Transferee An employee who objected to the transfer of her employment under TUPE could not bring a discrimination claim against the transferee. In NHS Direct v Gunn, Ms Gunn is disa...
£19,500 Harassment Compensation for “Vulnerable” Zero Hours Worker
...discrimination occurring. Although in terms of vulnerability the tribunal focussed mainly on S’s youth and her mental health issues, it did on a number of occasions refer to her vulnerability as a ze...
Injury to Feelings Award Not Taxable
...discrimination arising out of the termination of employment was not taxable. In Timothy James Consulting v Wilton, W was awarded £10,000 for injury to feelings in respect of discrimination connected w...
Employee with Diet Controlled Type 2 Diabetes Not Disabled
...discrimination after he was dismissed. The employment tribunal had to determine whether he was disabled for the purposes of the Equality Act 2010 (“EqA”). This required it to consider whether his i...
Failure to Pay Bonus Due to Sickness Record Disability Discrimination
...discrimination claims. They had all been absent due to sickness resulting from their disabilities and argued that their exclusion amounted to discrimination arising from disability. The employment t...
Duty to Make Reasonable Adjustments Not Triggered Until Employee Ready to Return to Work
...discrimination, arguing that her employer had breached the duty to make reasonable adjustments. The employment tribunal rejected her claim. The attendance policy put D at a substantial disadvantage ...
Caste Discrimination Unlawful under the Equality Act 2010
...Discrimination Unlawful under the Equality Act 2010 Caste discrimination is unlawful under the race discrimination provisions of the Equality Act 2010. In Chandhok v Tirkey, T claimed that she had b...
Dismissal of Disabled Employee Lawful as No Adjustments Reasonable
...discrimination. The employment tribunal rejected her claims and she appealed to the EAT. The EAT dismissed her appeal. The tribunal had been entitled to conclude that there was no reasonable adjustm...
Obese People May Be Disabled, European Court Rules
...discrimination proceedings in a Danish court. The Danish court asked the ECJ whether discrimination on grounds of obesity is unlawful or alternatively whether obesity can be classified as a 'disabili...
Redundancy and Maternity Leave: Extent of Obligation to Offer Alternative Employment
...discrimination because of maternity leave. The tribunal should have asked why M had not been offered the new role and only if this was because she was on maternity leave was discrimination made out. ...
Duty to Make Reasonable Adjustments Did Not Require Employer to Ignore Final Written Warning for Absence
...discrimination. The employment tribunal upheld his claims, finding that it would have been a reasonable adjustment for the employer to ignore the final written warning. Having disregarded the two s...
Injury to feelings compensation for a redundancy tainted by age discrimination should have been taxed
Injury to feelings compensation for a redundancy tainted by age discrimination should have been taxed A tax tribunal has ruled that a payment for injury to feelings made to an employee who claimed he ...
Employer Not Liable for Discriminatory Term in Permanent Health Insurance Policy
...discrimination by the insurer. The employment tribunal also ruled that even if there had been less favourable caused by the employer, it would have been justified as all PHI insurance policies contai...
Failure to Pay Enhanced Pay to Man on Additional Paternity Leave Not Discrimination
...discrimination claim is between a man and a woman on shared parental leave. If they are paid the same, then there will be no direct discrimination. As far as indirect sex discrimination is concern...
No Uplift if Grievance Not in Writing
...discrimination. The employment tribunal found that the kissing and touching incident was a mild form of sexual harassment which made O feel “uncomfortable”. The belt incident was direct sex discri...
Severe Obesity May be a Disability
...discrimination proceedings in a Danish court. The Danish court asked the ECJ whether there is a general prohibition on all forms of discrimination in EU law (so that discrimination on grounds of obes...
Reasonable Adjustments Duty Only Applies Where Employee Himself is Disabled
...discrimination, employees can request flexible working arrangements and employers must consider such requests in a reasonable manner. They also need to be alert to the risk of a discrimination claim...
Six Week Delay in Resigning Did Not Preclude Constructive Dismissal Claim
...discrimination, C went on sick leave whilst the second grievance was being considered. He resigned six weeks after his second grievance was rejected and claimed unfair constructive dismissal. The emp...