This week’s case looks at the principles underpinning disability discrimination law, in particular the duty to find alternative employment. In XXXXX v HR Rail SA, the Claimant was employed as an apprentice maintenance technician on the Belgium railways. Shortly after starting, the employee was diagnosed with a heart condition which meant that he had to have [...]
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 [...]
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 [...]
Tribunal Finds General Medical Council Liable for Race Discrimination The Reading employment tribunal has found the General Medical Council liable for direct race discrimination. Dr. O Karim is an NHS doctor of African/ European ethnicity. Complaints were made against him in 2013/2014, culminating in a Fitness to Practice Tribunal (FTP) in 2018 (a tribunal that [...]
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 [...]
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 [...]
When I first started in employment law almost 30 years ago, discrimination was less the elephant in the room and more the elephant rampaging around the UK unchallenged. Latent discrimination was rife. It was baked in to employment law. More institutionalised than an old lag serving a whole life sentence at the [...]
Channel 4 and Monzo have made headlines recently for becoming among the first businesses to adopt a specific miscarriage policy. By law, employees only become entitled to maternity/paternity leave if their child is stillborn (when their child dies after the 24th week of pregnancy or during birth). There is no legal entitlement to maternity/paternity leave [...]
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 [...]
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. [...]
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 [...]
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 [...]
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