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. [...]

Ms S Flatman v Essex County Council

Hello and welcome to this week’s case of the week. This week we’re looking at constructive dismissal. Particularly, whether an employer can ‘remedy’ a fundamental breach of contract so to extinguish such a claim. Facts The Claimant was employed as a Learning Support Assistant in one of the Respondent’s schools. One of her duties was [...]

Maya Forstater v Centre for Global Development

Hello and welcome to our case of the week. This week’s case looks at philosophical beliefs. Particularly, whether a belief that biological sex cannot be changed is a philosophical belief capable of being a protected characteristic, giving protection from discrimination under the Equality Act 2010. Background It is first necessary to do some gender theory [...]

Elliott v Dorset CC

Hello and welcome to this week’s case of the week. Today we’re looking at the definition of disability, and particularly the correct approach to determining whether someone’s impairment has a substantial and adverse effect on their ability to carry out day to day activities. Facts The Claimant was employed by Dorset Council as a Geographical [...]

Breslin v Loughrey

Introduction Hello and welcome to our case of the week. This week we’re in Northern Ireland looking at a discrimination case. The case demonstrates that Tribunal’s aren’t afraid to award the maximum amount for injury to feelings in instances of particularly blatant discrimination. Facts Mr. Breslin (the Claimant) and Ms. Loughry (the Respondent) had known [...]

Mr D Rodgers v Leeds Laser Cutting Limited

Introduction Hello and welcome to our case of the week. We have another Covid case today. This one raises some interesting questions about employers’ liability in respects of a safe working environment. Facts The Claimant (Mr Rodgers) was employed by the Respondent (Leeds Laser Cutting Limited). He worked in a large warehouse with around 5 [...]

Kubilius v Kent Foods Ltd

Dismissal for not Wearing a Face Mask was Fair The first of what is sure to be a perplexing raft of litigation about face masks has landed. Mr. Kubilius was a lorry driver for Kent Foods (KF). KF’s biggest customer was Tate & Lyle (accounting for roughly 90% of its work). KF’s employee handbook stated [...]

By |2021-04-09T16:59:06+00:00March 26th, 2021|Case of the Week - Blog, Unfair Dismissal|0 Comments

Royal Mencap Society v Tomlinson- Blake & Shannon v Rampersad and another (T/A Clifton House Residential Home)

Supreme Court Clarify National Minimum Wage Point The first case this month looks at the National Minimum Wage (NMW). Specifically, it considers whether night-shift workers who are allowed to sleep on shift are entitled to the NMW. Facts The Supreme Court heard two separate cases together, as they concerned the same point of law. Both [...]

Mrs E Aylott v BPP University Limited

University Lecturer Called ‘mad as a box of frogs’ Claims Constructive Dismissal Introduction Hello all and welcome back to our weekly case law update. This week’s case looks at an employment law and HR lecturer who was awarded £168,000 for a constructive unfair dismissal and disability claim. Facts Mrs. E Aylott was employed by BPP [...]

Ms Seyi Omooba v Global Artists & Leicester Theatre Trust Ltd

Christian Actor Sacked Because of Allegedly Homophobic Facebook Post  Introduction Hello and welcome to our weekly case law update. Today’s case concerns an actress who was sacked because of an allegedly homophobic Facebook post. Facts Seyi Omooba was an actor represented by Global Artists. In 2019, she landed the lead role in the play ‘The [...]