This week's case of the week asks the question: Can an employee who settles his tribunal claim by COT3 then bring another claim in the county court? Yes, says the high court. The Facts The Claimant was a customer adviser working in an office. Following accusations of disability discrimination and failure to make reasonable adjustments, [...]
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 [...]
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 [...]
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 Whilst not binding precedent [...]
The bands of awards for injury to feeling in discrimination cases, known as the Vento bands, have been increased from 6 April 2019. Part of compensation that can be awarded by tribunals for unlawful discrimination are awards for ‘injury to feelings.’ This is a damages award aimed to be a remedy for the hurt, humiliation […]
Non-disclosure agreements are at the forefront of this month’s employment news. It comes following an academic from the University of Liverpool breaking a controversial non-disclosure agreement to speak out against bullying on campus. Anahid Kassabian, 59, a former music professor at the University of Liverpool, claimed that she was “bullied out” of her 10-year position. […]
Good morning and welcome back to your weekly case law update. Last week, we had two cases for you, one on victimisation and another on limitation dates. This week, as autumnal early-onset-SAD kicks in, we only have one case for you; about disability discrimination and ill-health early retirement. Discrimination, regardless of which protected characteristic is […]
X v Y Ltd – Does the iniquity principle apply to legal advice advising a client how to hide an act of discrimination?
Hello and welcome back for another case law update. Last week we looked at disability discrimination and references. This week we going into unfamiliar territory: legal privilege. X v Y Ltd Our first case involves legal privilege. In legal proceedings both parties should have a “cards on the table” approach to disclosing documents. No document […]
Good morning, another Friday has rolled round which means it’s time for another dose of case law! Last week we had three cases; one on religion/belief discrimination, another on the gig economy and a procedural case on appeal deadlines. This week has been what you might call a slow news week and we have just the one case […]
Good morning and welcome back to your weekly case law update. Last time we looked at age discrimination, sex discrimination and equal pay in changes to employee pensions. This week, to complete the discrimination bingo card you all keep, we have a case on disability discrimination. This case focuses on knowledge of disability. […]
Ms Coffey, the Claimant, was a police officer for the Wiltshire Constabulary. During a medical, she was found to have suffered hearing loss and tinnitus but was allowed to remain employed after passing a functionality test. She was not considered disabled for the purposes of the Equality Act. The Chief Constable of Norfolk v […]
Our final case is another update on a case we have covered before. The case has since been heard in the Court of Appeal who upheld the ET and EAT’s decisions. In short, the Claimant was off work due to sickness and was disabled for the purpose of the Equality Act. The Respondent started […]
Chivas Brothers Ltd v Christiansen – Can an employee be unfairly dismissed for refusing to take a drugs test?
Hello and welcome back to your weekly case law update. Last week we veered away from the EAT and looked at employer vicarious liability. This week we have a case on disability discrimination, drug testing and unfair dismissal. The question this week is: Can an employee be unfairly dismissed for refusing to take a drugs […]
De Souza v Vinci Construction (UK) Ltd | Does the uplift of Tribunal Awards apply to awards for injury to feeling?
Our second case this week is from the Court of Appeal and concerns discrimination. In any discrimination case the Tribunal can award damages to the Claimant for injury to feeling. Unlike compensatory awards, awards for injury to feeling are not capped and thus discrimination claims offer the greatest financial risk to employers. The question in […]