Mr D Warburton v The Chief Constable of Northamtonshire Police

This week’s case answers the following questions: What is a detriment for the purposes of victimisation under the Equality Act 2010? What is the correct test for causation? Victimisation is being subject to a detriment because of a protected act. A protected act is defined at section 27 of the Equality Act 2010 as: (a)bringing [...]

Forbes v LHR Airport Ltd

Hello and welcome back to your weekly case law update. Given we are forecasted showers all weekend it seems apt to start the weekend with something dry and some EAT judgments certainly fall into that category! Last week’s update had two cases for you, one concerning religion/belief discrimination and another about Tribunal Awards. This week […]

By |2019-12-15T13:48:07+00:00July 18th, 2019|Race Discrimination|0 Comments

Science Museum Group v Wess

Hello and welcome back to your weekly case law update. Is it too early to start saying weekly again? We are now in back to back updates, after all! Last week, as an apology for being incommunicado, we had three cases for you concerning holiday pay, unlawful deductions and shared parental leave.

Saad v Southampton University Hospitals NHS Trust

Hello and welcome back to you weekly case law update. Last week, we had our monthly employment law update with features on the Boris Johnson burqa scandal, joint employment and working time. Before that, our previous case law update concerned agency workers. This week we have two cases for you, one on victimisation and another […]

Thompson v London Central Bus Company – Can an employee suffer victimisation as a result of the protected acts of a third party?

Hello again. Following the death of David Bowie it would have been amazing to bring you a case about the music or space industries. However, cases related to these topics are few and far between so here is a one about buses. Today’s question Can an employee suffer victimisation as a result of the protected […]

By |2019-12-27T18:35:43+00:00January 15th, 2016|Employer Discrimination, Trade Unions|0 Comments

Can claims of victimisation & race discrimination be mutually exclusive?

Hello, I would like to be able to tell you that our final Case of the Week of the year will be a happy affair to match the seasonal excitement many of us are feeling by mid-December. However, when the case concerns victimisation and race discrimination it is seldom merry. To rub salt into the […]

By |2015-12-11T11:24:25+00:00December 11th, 2015|Settlement Agreements|0 Comments

The British Waterways Board, Trading as Scottish Canals v Smith – Employee dismissed for drunk facebook status posted 3 years ago

Good afternoon, on a sunny Friday we thought it fitting that this weeks’ case concerns an employee posting drunk comments on Facebook when they were on standby to work. Maybe it’s best not to sneak off early to the beer garden. The question this week is: Is it fair dismiss to an employee for a […]

Leeds Teaching Hospital NHS Trust v Blake – Can an employee be sacked for taking holiday?

Welcome back, this week’s case is about unauthorised absences and victimisation. It is also a good example of an employer successfully appealing a tribunal decisions on the grounds of substitution, something which is rarer than hens teeth! Leeds Teaching Hospital NHS Trust v Blake The questions this week are: Is it fair to dismiss an […]

By |2015-07-24T11:16:17+00:00July 24th, 2015|Unfair Dismissal|0 Comments

Grievances and Unfair Constructive Dismissal

 The EAT in Abbey National PLC v Fairbrother (relating to an employee raising a grievance when, amongst other things, colleagues referred to her as Frau Fairbrother and made Nazi salutes to her after she gave detailed instructions to colleagues about how to perform some work) have held that when considering an Unfair (Constructive) Dismissal claim following a resignation […]

By |2019-12-27T19:40:41+00:00May 11th, 2007|Disciplinary Procedures, Unfair Dismissal|0 Comments