Category Archives: Discrimination

Compensation in Employment Tribunal cases

Does a 10% uplift apply to injury to feelings compensation?   This case concerned the question whether the 10% uplift that applies to general damages in all civil claims for pain and suffering also applies to claims in the Employment Tribunal for personal injury or injury to feelings. The Law If an employee wins a […]

Reasonable adjustments in the recruitment process

Is there a requirement to change the test format applied in the selection of new recruits? The Employment Appeal Tribunal have confirmed that there was no error in law in a decision by the Employment Tribunal that a job applicant with Asperger’s syndrome had been discriminated against in the recruitment process applied by the Government […]

Covert Surveillance by an Employer

Was covert surveillance harassment? In a recent case decided by the Employment Appeal Tribunal an employer’s behaviour in carrying out covert surveillance on an employee was considered in the context of the employee’s assertion that the reason for the surveillance was his disability. The Law Section 6 of the Equality Act 2010 states: (1) A […]

Dress Codes, High Heels & Discrimination at Work

Dress Codes, High Heels & Discrimination  Hot on the heels of several large scale marches that took place around the world in support of women’s rights comes the joint report of the House of Commons Petitions Committee and the Women and Equalities Committee, regarding high heels and workplace dress codes You may recall in the […]

Discrimination & Shared Parental Leave

Should men and women be paid the same when taking shared parental leave? The shared parental leave provisions were introduced in April 2015 and recently the first case on this issue has been decided by a Scottish Employment Tribunal. The outcome of this case is that the employer Network Rail have been ordered to pay […]

Discrimination of a Job Applicant

A Job Applicants claim for compensation In a recent case decided by the European Court of Justice the tricky issue of discrimination of job applicants was considered and a helpful decision for employers. The Law European Law in the form of the Equal Treatment Framework Directive and Equal Treatment Directive provides protection for employees and […]

Reasonable Adjustments for Disabled Employees

Is an expectation that a disabled employee work long hours discrimination? The Employment Appeal Tribunal has held that an expectation that an employee (who had been involved in a serious accident which resulted in him having difficulty in working late in the evening) work long hours was a provision, criterion or practice for the purpose […]

When is a dress code ban discrimination?

Is a dress code ban which prevented a Muslim woman from wearing a headscarf at work discrimination?  In a recent case which has been referred to the European Court of Justice by the Belgian Courts the question of discrimination and dress code has been considered at length and provides some useful information to consider. The […]

Indirect Discrimination: religion and belief

Considering comparators with regards to Indirect Discrimination In this case, dealt with by the Employment Appeal Tribunal, unusual issues led to consideration of indirect discrimination with regards to religion and belief. The Law The Equality Act 2010 provides protection from discrimination due to various ‘protected characteristics’ one of which is religion or belief. In respect […]

Discrimination Arising from Disability

Flippant comments to your employees could result in a claim for disability discrimination   In a recent case decided by the Employment Tribunal the comments of a Director were considered by the Tribunal. The Law The Equality Act 2010 provides various protection for employees from discrimination if they have a disability including ‘discrimination arising from […]

Discrimination on the grounds of Religion or Belief

  Is it direct discrimination to discipline an employee for expressing their religious views to a colleague? In a recent case decided by the Employment Appeal Tribunal the rights of an employee to express their religious beliefs to a colleague who had not welcomed or requested such views was considered. The Law The Equality Act […]

Disability Discrimination & Dyslexia

Is there a requirement to make reasonable adjustments for an employee with dyslexia? A case which has been in the news recently is that brought by Meseret Kumulchew against Starbucks for disability discrimination. This case serves as a reminder of an employer’s obligation to consider reasonable adjustments for employees, even when the need to do […]

Age Discrimination: Comparators

Is refusal to allow an employee over 50 to take voluntary redundancy discrimination? The Employment Appeal Tribunal have recently dealt with a case about direct age discrimination and in particular analysing the question of comparators. The Law Age discrimination is covered by the Equality Act 2010 which states that (with regards to age discrimination); A discriminates […]

Discrimination Arising from Disability

Dismissal of an Employee & the Causal Link to Disability The Employment Appeal Tribunal recently decided a case regarding dismissal of a disabled employee whom the employer (wrongly) believed was working elsewhere whilst absent from work due to long term sickness. The case is Hall v Chief Constable of West Yorkshire Police The Law This […]

Discrimination arising from disability: unfavourable treatment

Claims for discrimination arising from disability A recent decision in the Employment Appeal Tribunal has dealt with the fairly new legal area of discrimination arising from disability. The Law In accordance with the Equality Act 2010 employees have protection from discrimination because of a ‘protected characteristic’. Protected characteristics include: age; disability; gender reassignment; marriage and […]

Settlement Payments

Settlement Payments and Tax Settlement Agreements are a popular way of resolving employment disputes or potential employment disputes, and for employees the fact that the compensation can be received tax free is often appealing. The payments that qualify for the tax free exemption can often be complicated and in a recent case decided by the […]

Age Discrimination: Burden of Proof

The thought process of the alleged discriminator A recent case in the Court of Appeal has dealt with the question of age discrimination and the correct approach to determining if the decision to terminate a consultancy agreement was on the grounds of the consultant’s age. The Law The Equality Act 2010 provides protection for employees, […]

Is Type 2 Diabetes a Disability for the purposes of the Equality Act?

  Determining whether someone has a Disability In a recent case the Employment Appeal Tribunal considered the issue regarding an employee who had type 2 diabetes which could be controlled by a managed diet. The Law The Equality Act 2010 sets out what the definition of a disability is and therefore before any claim for […]

Constructive Dismissal and Harassment

  Can constructive dismissal itself amount to an act of harassment? In a recent case decided by the Employment Appeal Tribunal the question as to whether harassment included constructive dismissal itself was discussed in a case where the employee had been successful in claiming harassment on the grounds of her sex. The Law The definition […]

Disability discrimination & bonus payment

Can you withhold a bonus payment because of disability related sickness absence? In a recent case decided by the Employment Appeal Tribunal the employer withheld a bonus payment from a disabled employee who had high levels of sickness. The question in this case was whether this was treatment was discrimination. The Law Employees who have […]

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