Allay Ltd (UK) v Mr S Gehlen

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 In essence, the EAT have said that any diversity and equality training that has gone "stale" and out of date will not allow an employer to argue that they [...]

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 [...]

Chief Constable of Devon and Cornwall Police v Mrs N Town

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 [...]

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 [...]

Lyfar-Cisse v Brighton And Sussex University Hospitals NHS Trust

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 [...]

By |2021-02-03T13:35:57+00:00January 8th, 2021|Case of the Week - Blog, Race Discrimination|0 Comments

Taylor v Jaguar Land Rover

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 [...]

By |2020-11-19T10:17:45+00:00October 16th, 2020|Case of the Week - Blog, Sexual Discrimination|0 Comments

Hill v Lloyds Bank plc

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 [...]

R (Davey) v Oxfordshire County Council and beyond…

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 [...]

By |2020-09-04T08:28:02+00:00September 4th, 2020|Disability Discrimination, Equality Act 2010|0 Comments

Wilson Barca LLP & Barca & Rajananth v Shirin

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 [...]

Lowri Beck Services Ltd v Brophy

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 [...]

Chelmsford Unisex Hair Salon Ltd v Grunwell

There is no question this week but this case serves as a classic example of way an ostrich approach to Tribunal defences is not a good strategy. Ms Grunwell, the Claimant, bought claims for unpaid holiday and maternity discrimination against Chelmsford Unisex Hair Salon, the Respondent. Her claim alleged she was dismissed by the Respondent [...]

Date v Ministry of Defence

Good morning and welcome back to your weekly case law update. Last week we looked at a first tier Employment Tribunal case concerning disability discrimination and health and safety. This week, we are again looking at discrimination but on the grounds of race, not disability. As with last week’s case, this case is an Employment Tribunal judgment that [...]

By |2020-03-02T14:11:03+00:00March 2nd, 2020|Case of the Week - Blog, Race Discrimination|0 Comments

Plowright v Sky-in-Home Services Ltd

Hello and welcome back to your weekly case law update. Last week was our monthly employment law update which had features on equal pay settlements at the BBC, parental bereavement leave and some of the cases to look out for in 2020. This week’s case is a first instance tribunal case. Whilst not binding precedent [...]

Sexual Harassment – EHRC releases new guidance

The Equality and Human Rights Commission has released guidance on how to approach sexual harassment issues at work, including that of harassment by a third party. Many of the points are not too dissimilar to Phil’s book on the subject but one of the key issues raised in the guidance is to be proactive and not sit on allegations [...]