Sexual Discrimination
In this month's lighter side of the news we look at a recent claim wherein a male nurse, Mr Marsh, won a sex discrimination claim against the NHS. Being the only male within his health visitor team, he was routinely the butt of jokes by the female staff, including from his boss Ms Sanchez! When [...]
Hello Jaquiline and welcome back to our case law update. Our last case law update covered disability discrimination and redundancy. This week we are looking at sex discrimination and adequate toilet facilities. Before going down the rabbit (plug) hole of this topic a brief housekeeping point to mention of our upcoming seminar. A huge thank [...]
This month the government rejected a recommendation by the Women and Equalities Committee to include menopause as a protected characteristic under the Equality Act 2010. The reasons for this were that a women experiencing menopause could bring a claim under the protected characteristics of either age, sex or disability depending on the nature of how [...]
Last month we heard of a disturbing culture in The Royal Navy submarines. This month a report has revealed the London Fire Brigade is little better. An independent review found there was a disturbing culture of bullying and harassment against both ethnic minorities and women and this was evident at all levels of the service. [...]
Many of you may have read about the self-represented Claimant who was awarded £60,000 by an Employment Tribunal having been discriminated against following her maternity leave. Donna Patterson was a part-time buyer in the supermarket’s online business and was asked to return to a full time role once her maternity leave ended. Upon raising her [...]
We end this month’s update with another tale of the absurd. In the case of X v Volkerrail Ltd & Z a women succeeded in a claim of discrimination and was awarded £420,000 at the remedy hearing. X, the Claimant, was employed as a senior manager at Volkerrail, Respondent 1. The Claimant was from a [...]
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 [...]
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 [...]
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 [...]
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 [...]
Another Friday is upon us which means it is time for another dose of case law. Last week was our monthly employment law update with features on the women’s US equal pay dispute, bullying and harassment at the Ministry of Defence and Orange and holiday pay life leave at Molson Coors brewers. Prior to that, […]
Hello and, following a prolonged absence, welcome back to your case law update. Given your time and patience, this will hopefully resume the title of weekly case law update! Those of you with fantastic memories will recall our previous update was our April Newsletter which had features on NDAs and Injury to Feeling awards. Before that, our previous case law update concerned written terms and conditions of employment.
Our next case, as the name states, concerns supermarkets. However, unlike our previous updates about supermarkets, this is not a multi-claimant equal pay claim. Instead, this case concerns unlawful deductions, overtime clauses and trade union collective agreements. The question in this case is: Does a collective agreement reducing the premium pay for overtime automatically form […]
This week we are looking at sexual orientation discrimination and constructive dismissal. Those of you with good memories may remember we recently covered a race discrimination case that focused on the burden of proof for discrimination claims. In short, if the employee can establish a prima-facie case of discrimination, the burden of proof shifts onto […]
