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 [...]
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 [...]
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 [...]
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 [...]
This week's case is an important one for businesses who are seeking to reduce potential liability in the respect of the actions of their employees and workers. In essence, the EAT have said that any diversity and equality training that has gone "stale" and out of date will not allow an employer to argue that they [...]
This case looks at how indirect discrimination cases are brought and determined. The firm’s Principal calls direct discrimination blatant discrimination and indirect discrimination latent discrimination. Latent discrimination is where apparently neutral requirements are put in place but on further examination those requirements impact one sex or race more than others. Those requirements need to be [...]
This case looks at what constitutes unfavourable treatment for a discrimination claim. More specifically, can treatment still be unfavourable if it precludes the employee from danger? Facts Mrs. Town was employed by Devon and Cornwall police as a police officer (on the ‘front line’ as a Response Officer). In November 2017 she informed her manager [...]
This case looks at in what circumstances indirectly discriminatory measures can be justified by employers and adds an interesting and relevant twist to the principle that generally employers can’t justify such policies by arguing that they cut costs. The Facts Mr. Heskett worked for the National Probation Service (NPS) as a Probation Officer. Owing to [...]
Today we look at a case where The Employment Appeal Tribunal (EAT) rejects an appeal by an NHS equality boss who told her co-worker that he was “everything she despised in a white manager”. The Facts Dr Vivienne Lyfar-Cissé was employed by Brighton and Sussex University Hospitals NHS Trust as their Associate Director of Transformation, having [...]
This week’s case focuses on the ever-topical issue of gender identity, and sheds light on a grey area of law that is bound to become increasingly important in the world of employment. Facts of the Case Rose Taylor is a former employee of Jaguar Land Rover. She had worked for the company for 20 years [...]
This week’s case looks at when a business decision might amount to a “provision, criterion or practice” for the purposes of a disability discrimination (reasonable adjustments) claim under the Equality Act 2010, and sheds some light into how employers might be caught out by the tricky rules in this area. Background Mrs. Hill was an [...]
Who exactly does the law consider ‘disabled’, is this soon to be changing, and what may this mean for employees and employers? R (Davey) v Oxfordshire County Council and beyond… The Equality Act 2010 defines who is ‘disabled’ for the purposes of UK disability discrimination law. It provides that a person is disabled if they [...]
After a brief break, your case law update returns and will resume normal service of weekly updates henceforth (cheers/groans). Going all the way back to May, our last case law update looked at tribunal procedure, specifically dismissing a claim and awarding costs in the event a party does not attend the hearing. Whilst we have [...]
This week we are looking at tribunal procedure and limitation dates. The case is actually one we have covered when it was a mere Employment Tribunal claim, since then the employer has appealed the decision in both the EAT and Court of Appeal. Limitation dates are the final date a Claimant has to commence ACAS [...]
