Follows v Nationwide Building Society

Employment Tribunal Allows Claim for Indirect Associative Discrimination Hello and welcome back to our case of the week blog. This week’s case looks at a landmark employment tribunal decision to uphold a claim for indirect associative discrimination. What is indirect associative discrimination? It helps to rehearse the basics of discrimination law. Direct discrimination is where [...]

Shipp v City Sprint UK Limited

This week’s Case of The Week demonstrates that what some colleagues might perceive to be office banter and ‘a bit of a laugh’ may well result in employers paying out a hefty sum in compensation. We also see how an attitude of ‘out of sight, out of mind’ can land an employer in hot water. [...]

By |2021-09-16T14:05:50+00:00September 16th, 2021|Case of the Week - Blog|0 Comments

Appleby v Tavistock and Portman NHS Foundation Trust

This week, we’re looking at whistleblowing in the context of the Tavistock and Portman NHS trust – mostly known for its Gender Identity Development Service (GIDS), which aims to assist those experiencing gender dysphoria. Lately, the GIDS has been fraught with bad publicity. In 2019, one of its board members – a senior psychiatrist – [...]

By |2021-09-10T13:28:34+00:00September 10th, 2021|Case of the Week - Blog|0 Comments

Farnham-Oliver v RM Educational Resources

This week's case of the week asks the question: Can an employee who settles his tribunal claim by COT3 then bring another claim in the county court? Yes, says the high court. The Facts The Claimant was a customer adviser working in an office. Following accusations of disability discrimination and failure to make reasonable adjustments, [...]

By |2021-09-10T13:15:04+00:00September 10th, 2021|Case of the Week - Blog|0 Comments

Dopson v Stag Publications Ltd

Age Based Jibe Lands Magazine Company in Hot Water This week we look at a case involving age discrimination and constructive dismissal. A 62-year-old grandmother has lost an age discrimination case against her former employer, Stag Productions Ltd. The Respondent is a magazine company. It published an article reviewing the new Renault Kadjar. The article [...]

By |2021-09-10T13:02:09+00:00September 10th, 2021|Case of the Week - Blog|0 Comments

Joined Cases C-804/18 and C-341/19 WABE and MH Müller Handel

Hello and welcome to this week’s case of the week. This week, we will be looking at whether a company policy that requires employees to remove their hijabs is discriminatory. This is an EU law case. We are no longer in the EU, so this law is no longer binding in our courts, but nevertheless [...]

By |2021-07-30T09:53:05+00:00July 30th, 2021|Case of the Week - Blog|0 Comments

Cunningham v Sainsbury’s Supermarkets Ltd

Hello and welcome to our case of the week. Last week we looked at whistleblowing and the burden of proof, this week we look at unfair dismissal and procedural unfairness in the context of a BLM quip. Facts Mrs. Cunnington worked at a Sainsbury’s store in Birmingham. One morning shift, at the height of the [...]

By |2021-07-16T09:11:26+00:00July 16th, 2021|Case of the Week - Blog, Unfair Dismissal|0 Comments

Fairhall v North Tees and Hartlepool NHS trust

Hello and welcome to this week’s case of the week, last week we looked at a case involving indirect discrimination. This week's case  looks at whistleblowing and the burden of proof. Facts Ms. Fairhall was a senior nurse with almost 40 years’ experience in the NHS. In 2015, she became concerned about a number of [...]

By |2021-07-09T11:44:05+00:00July 9th, 2021|Case of the Week - Blog, WhistleBlowing|0 Comments

Dobson v North Cumbria Integrated Care NHS Foundation Trust

  Introduction Hello and welcome to our case of the week blog. This week, we have an indirect sex discrimination claim. It concerns childcare responsibilities and flexible working. Facts Gemma Dobson was a community nurse for an NHS trust. She begun employment in 2004. In 2008, she submitted a flexible working request (to work the [...]

Forstater v Centre for Global Development (EAT)

Forstater v Centre for Global Development (EAT) Hello and welcome to our case of the week blog. This week’s case has been all over the news. It raises some interesting legal and ethical questions. We covered it a few weeks ago (at the time of its hearing at Tribunal level). The EAT has now delivered [...]

MR W MOHAMMED v CUMMINS LTD

  Section 15 of the Equality Act 2010 outlaws unfavourable treatment because of ‘something’ that arises in consequence of an individual’s disability. This is funny wording that isn’t immediately clear. Its purpose is to protect individuals who have not obviously been discriminated against because of a disability but have suffered unfavourable treatment because of something [...]

Nursing and Midwifery Council v Somerville

EAT Rules That You Do Not Actually Have to Do Any Work to Be a ‘Worker’   The EAT has ruled that you do not actually have to do any work to be a ‘worker’ for the purposes of the Employment Right Act 1998 (ERA). Mr. Somerville was a barrister who, amongst other things, sat [...]

By |2021-06-08T08:33:35+00:00June 4th, 2021|Case of the Week - Blog, Worker Status|0 Comments

Wisbey v Commissioner of the City of London Police & Anr

Can an award for injury to feelings be made even if the discrimination was indirect and unintentional? The short answer is yes. However, section 124 of the Equality Act 2010 stipulates that a tribunal cannot make such an award before considering making a declaration (a statement as to the rights of the parties) or a [...]

Mallon v AECOM Ltd

Hello and welcome to this week’s case of the week. Today, we are looking at reasonable adjustments. Specifically, whether the failure to permit a job applicant with dyspraxia to submit his application orally, as opposed to by way of an online form, is a failure to make reasonable adjustments. Facts The factual matrix is simple. [...]