Search Results for: Equality Act 2010 13(1)

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Angard Staffing Solutions Ltd and Another v Kocur and Another (Agency Workers and Contract of Employment): EAT 11 Dec 2020

This appeal is primarily concerned with the scope of the rights conferred on agency workers by and the Agency Workers’ Regulations 2010 (‘the AWR’), which implements the Agency Workers Directive (‘the Directive’) into domestic law. The EAT found that: (1) The right conferred by regulation 13(1) of the AWR (derived from Article 6.1 of the … Continue reading Angard Staffing Solutions Ltd and Another v Kocur and Another (Agency Workers and Contract of Employment): EAT 11 Dec 2020

Henderson v The General Municipal and Boilermakers Union: CA 11 Oct 2016

The claimant appealed against rejection of his claims for unfair dismissal and otherwise. The union appealed against a finding in favour of the claim for discrimination (and otherwise) on account of his religion or belief, namely ‘left wing democratic socialism’. At the EAT all claims were dismissed. Underhill, Briggs LJJ [2016] EWCA Civ 1049 Bailii … Continue reading Henderson v The General Municipal and Boilermakers Union: CA 11 Oct 2016

Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016

The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked whether discrimination because of, or on grounds of, immigration status amounts to discrimination because of, or … Continue reading Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016

CP Regents Park Two Ltd v Ilyas: EAT 16 Jun 2015

EAT Race Discrimination: Direct – Race discrimination – direct (section 13(1) Equality Act 2010) The Employment Tribunal (‘the ET’) had upheld the Claimant’s claims of direct race discrimination in respect of: (1) the manner of his investigation meeting; and (2) the referral of the Claimant to the disciplinary process. On the Respondent’s appeal, allowing the … Continue reading CP Regents Park Two Ltd v Ilyas: EAT 16 Jun 2015

Morgan v Armadillo Managed Services Ltd: EAT 15 May 2014

EAT Disability Discrimination : Disability Related Discrimination – Section 13(1) of the Equality Act 2010 requires actual or constructive knowledge to permit a claimant to succeed in a claim for direct disability discrimination: Gallop v Newport City Council [2013] EWCA Civ 1583 followed. The Appellant was not permitted to resile from a concession to that … Continue reading Morgan v Armadillo Managed Services Ltd: EAT 15 May 2014

Onu v Akwiwu and Another: CA 13 Mar 2014

Two claimants, Nigerian women, came illegally to work as domestics. They suffered severe abuse by their employers. Whilst each received substantial awards, they appealed now from rejection of their claims for discrimination based upon the advantage taken of their unlawful immigration status. Held: Immigration status was not to be equated with ‘nationality’ for the purpose … Continue reading Onu v Akwiwu and Another: CA 13 Mar 2014

Akwiwu and Another v Onu: EAT 1 May 2013

EAT Race Discrimination : Direct Indirect Post Employment UNLAWFUL DEDUCTION FROM WAGES NATIONAL MINIMUM WAGE WORKING TIME REGULATIONS The Claimant was a Nigerian woman who had been employed as a domestic servant for Nigerian employers, having obtained a migrant domestic workers’ visa to enable her to do so. She succeeded on her claim for direct … Continue reading Akwiwu and Another v Onu: EAT 1 May 2013

Coll, Regina (on The Application of) v Secretary of State for Justice: SC 24 May 2017

The appellant female prisoner asserted that the much smaller number of probation and bail hostels provided for women prisoners when released on licence was discriminatory in leaving greater numbers of women far removed from their families. Held: A declaration was granted: ‘The provision of Approved Premises in England and Wales by the Secretary of State … Continue reading Coll, Regina (on The Application of) v Secretary of State for Justice: SC 24 May 2017

Sharfudeen v T J Morris Ltd T/A Home Bargains: EAT 3 Mar 2017

EAT Unfair Dismissal: Constructive Dismissal – RACE DISCRIMINATION – Direct UNLAWFUL DEDUCTION FROM WAGES Constructive dismissal – section 95(1)(c) Employment Rights Act 1996 – whether breach of the implied term – Malik and Anor v BCCI SA [1997] ICR 606 HL Race discrimination – sections 13(1), 23 and 136(2) Equality Act 2010 – direct discrimination … Continue reading Sharfudeen v T J Morris Ltd T/A Home Bargains: EAT 3 Mar 2017

Donkor v The Royal Bank of Scotland (Age Discrimination) (Rev 1): EAT 16 Oct 2015

EAT Equality Act 2010 sections 5, 13(1) and (2), 23 and 39(2)(d) Direct age discrimination – different treatment of those aged over 50. Held: Allowing the appeal. (1) The ET had erred in its approach to the question of comparison; wrongly relying on the differences attributable to the ages of the Claimant and his comparators … Continue reading Donkor v The Royal Bank of Scotland (Age Discrimination) (Rev 1): EAT 16 Oct 2015

Kelly v Covance Laboratories Ltd (Race Discrimination: Direct): EAT 20 Oct 2015

EAT HARASSMENT – Conduct HARASSMENT – Purpose Equality Act 2010 sections 13(1), 23 and 26 In circumstances in which the Claimant had been instructed not to speak Russian in the workplace, had the Employment Tribunal erred in dismissing her claims of direct race (national origins) discrimination and/or harassment related to her race (national origins)? Held: … Continue reading Kelly v Covance Laboratories Ltd (Race Discrimination: Direct): EAT 20 Oct 2015