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Showing 184 results for discrimination
Disability Discrimination: Comparators in Discrimination Claims
...Discrimination: Comparators in Discrimination Claims In Aylott v Stockton-on-Tees Borough Council, the Court of Appeal confirmed that the current comparator test as set down in the housing case of Mal...
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...
Dismissal for cohabiting not religious discrimination
...discrimination where the alleged discriminator acts because of its own religious beliefs. The Supreme Court has made it clear that the purpose of discrimination law is to protect people with a protect...
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...
Post-Termination Victimisation Unlawful under Equality Act
...discrimination, issued tribunal proceedings, given evidence in connection with discrimination proceedings or done anything else under or by reference to discrimination laws.
Homophobic Comments Were Evidence of Discrimination
...Discrimination Homophobic comments made by a football club’s shareholder were evidence of discrimination. In Asociaţia ACCEPT v Consiliul Naţional pentru Combaterea Discriminării, the shareholder of a...
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...
Race discrimination: A row about cornrows
...discrimination but not sex discrimination. Case summaryG is of African-Caribbean ethnicity. His hair (which for reasons of belief/family tradition, has not been cut since birth) is kept in cornrows. ...
Sex Discrimination: Be Wary of Gossip
...Discrimination: Be Wary of Gossip In Nixon v Ross Coates Solicitors and another, the EAT found that a Tribunal had been wrong not to characterise gossip about an employee's pregnancy as discriminatio...
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 ...
Ban on Islamic Headscarf Direct Religious Discrimination
...discrimination, as well as indirect discrimination, is of particular concern as direct religious discrimination cannot be justified. Although there is a genuine occupational requirement exception, th...
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...
Discrimination: No time off to attend Mosque did not amount to indirect discrimination
Discrimination: No time off to attend Mosque did not amount to indirect discrimination In Cherfi v G4S Security Services Ltd, the EAT considered that G4S’s refusal to allow Mr Cherfi time off to att...
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...
Employer unaware of link between misconduct and disability still liable for discrimination
...discrimination An employer who dismissed an employee for gross misconduct has been found liable for discrimination arising from disability, even though it was unaware that the employee’s conduct was a...
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...
Enhancing maternity pay but not shared parental pay is not direct sex discrimination
Enhancing maternity pay but not shared parental pay is not direct sex discrimination Employers who enhance pay during maternity leave but not during shared parental leave are not directly discriminati...
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 ...
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...
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...