Search
Showing 184 results for discrimination
No Protection Against Post-employment Victimisation
...discrimination and unfair dismissal claims. Shortly afterwards his employer provided an unfavourable reference to a prospective employer and he claimed this amounted to victimisation for bringing the ...
Tribunal Hearing Can Go Ahead in Claimant’s Absence
...discrimination claim but eventually it was adjourned until 21 February 2011. He again applied for a postponement on 21, 22 and 23 February on ill-health grounds but was refused. The tribunal held th...
Tribunals Cannot Apportion Liability to Pay Discrimination Compensation
...Discrimination Compensation Tribunals do not have power to apportion liability to pay discrimination compensation where two respondents are found liable for the same discriminatory act. Both responde...
UK Must Protect Against Dismissal on Grounds of Political Beliefs
...discrimination on political grounds which was not covered by discrimination laws. In Redfearn v United Kingdom, R sought a declaration from the ECHR that UK law is incompatible with the Convention (h...
Redundancy Situation Identified Due To Maternity Leave: Dismissal Automatically Unfair
...discrimination and that her dismissal was automatically unfair pursuant to Regulation 20(2) Maternity and Parental Leave Regulations 1999 (MPLR). Regulation 20(2) MPLR provides that an employee is re...
Post- employment Victimisation is Unlawful under the Equality Act 2010
...discrimination and harassment occurring after employment has ended, section 108(7) expressly provides that victimisation is not covered by the Act's post-employment provisions. In Taiwo v Olaigbe the ...
LLP Members Not Workers
...discrimination claims as the Equality Act 2010 extends to discrimination against partners and LLP members.
Volunteer Could Not Bring Disability Discrimination Claim
...Discrimination Claim The Supreme Court has confirmed that a volunteer could not claim disability discrimination as she was not “in employment”. In X v Mid Sussex Citizens Advice Bureau, X was a volun...
Workers Not Entitled to Compensation Uplift
...discrimination and whistleblowing claims will be able to claim an uplift but workers and others who are not employees cannot. It is not clear from the judgment why the tribunal concluded that the Aca...
Employer Liable for Full Value of Death in Service Benefits
...discrimination. Whilst employed, F was entitled to death in service benefits worth £85,000. He was dismissed on capability grounds five days before an operation which he hoped would enable him to ret...
ECHR Rules on Right to Manifest Religion at Work
...discrimination claims before the UK courts and referred the matter to the European Court of Human Rights to determine whether their human rights (and in particular their freedom to manifest their reli...
Illegal Worker Unable to Bring Race Discrimination Claim
...Discrimination Claim An employee who was working illegally in the UK was barred from bringing a race discrimination claim. In Hounga v Allen, H worked as a live-in au-pair and housekeeper. She entere...
Law Degree Requirement Indirectly Discriminatory Where Employee Unable to Obtain Degree Before Retirement
...discrimination. H was successful before the employment tribunal but the EAT and CA both considered that there had been no indirect discrimination on grounds of age. The barrier to promotion was not h...
Supreme Court Hands Down Seldon Judgment on Justifying Retirement Ages
...discrimination. The employment tribunal held that compulsory retirement was a proportionate means of achieving the legitimate aims of: retaining associates (by giving them the opportunity of partner...
No Duty to Top Up Part-time Earnings During Phased Return to Work
...discrimination. The EAT overturned the employment tribunal’s decision that the employer had breached its duty to make reasonable adjustments by failing to top up her part-time earnings. The tribun...
Employers’ Retirement Notices Invalid Due to Technicality
...discrimination. The employment tribunal held that the employer had complied with the statutory requirements. Mr Bailey, on the other hand, had not as he did not state that his request not to retire w...
Suggestion Employee was “Playing the Race Card” was Direct Race Discrimination
...discrimination and this amounted to direct race discrimination. The decision in this case demonstrates that managers dealing with grievances need to be careful when seeking to establish the precise n...
EAT Rules on Scope of Marriage Discrimination Provisions
...Discrimination Provisions The EAT has held that the statutory provisions prohibiting discrimination on grounds of marriage do not protect a woman against less favourable treatment on the ground that s...
Subjective Criteria Can Be Used When Selecting Redundant Employees for Alternative Roles
...discrimination claims.
Discrimination Cannot be Justified on Grounds of Cost Alone
Discrimination Cannot be Justified on Grounds of Cost Alone An employer who timed a redundancy dismissal notice to ensure an employee did not become entitled to an enhanced pension, did not discrimina...