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 [...]

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 [...]

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 [...]

Cumming v British Airways plc

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 [...]

Heskett v Secretary of State for Justice

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 [...]