The recent Employment Appeal Tribunal (EAT) judgment in Marston Holdings Ltd v Mrs A Perkins addresses pivotal issues concerning indirect sex discrimination under the Equality Act 2010 and unfair dismissal under the Employment Rights Act 1996. This case involved Mrs. Perkins, a manager at Marston Holdings, whose employment was terminated amidst disputes over a newly [...]
Hi everyone Kyle here, happy Friday and thank you for joining us for another case of the week. For those that missed out announcement, Philip and Oscar have recently launched YogaHR. For more details the website can be found here. Last week, we looked at the case of Birkett v Integral UK Ltd and an unfair [...]
Hello and thank you for joining us for our case of the week. Last week we had the case of Mrs M Dobson v Michael C Law Firm where a solicitor was made redundant soon after telling her manager she was pregnant. For anyone that missed it, you can find it here. This week we [...]
Findings from an official enquiry have found that the RAF has unlawfully discriminated against white men in a boost to increase diversity. Following resignations of senior staff who refused to implement the decisions, Air Chief Marshal Sir Richard Knighton has apologised to those affected. In the apology, while it was acknowledged that 'some men were discriminated [...]
We are acting for 127 care home workers who were dismissed from their jobs for failing to provide to their employers satisfactory evidence of clinical reasons for non-vaccination. We are bringing claims of unfair dismissal and indirect discrimination against the care home employers as well as Sajid Javid personally, Ian Trenholm personally, and the DHSC [...]
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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 [...]
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. [...]
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 [...]
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 [...]
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 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 [...]
