The Claimant’s claims of direct disability discrimination and harassment had been struck out after a Preliminary Hearing at which the Employment Tribunal (‘ET’) had determined he was not a disabled person for the purposes of the Equality Act 2010. The Claimant appealed, complaining that the ET had erred: (1) in failing to make findings as … Continue reading Tough v Revenue and Customs (Practice and Procedure – Strike Out): EAT 14 Feb 2020

The Claimant submitted that the Tribunal had erred in finding that there was no ‘protected act’ for the purposes of ss26 and 27 of the Equality Act 2010. It concluded that the Claimant could not have been harassed or victimised on the ground of sex since the protected acts relied on Respondents were not based … Continue reading Chalmers v Airpoint Ltd and Others (Sex Discrimination; Victimisation): EAT 16 Dec 2020

EAT DISABILITY DISCRIMINATION – SECTION 15DISABILITY DISCRIMINATION – BURDEN OF PROOFClaimant dismissed for redundancy – Not given the chance to apply for two vacancies for which the Tribunal considered she was potentially appointable – Claimant had a history of absences due to operations for a knee condition which constituted a disability – Tribunal holds, applying … Continue reading IPC Media Ltd v Millar (Disability Discrimination : Section 15): EAT 26 Apr 2013

It is unlawful for a person who is not a qualified person to provide immigration advice or services. One route to being a qualified person is to be registered by the Office of the Immigration Services Commissioner (‘OISC’). The OISC also has powers to investigate and prosecute people suspected of providing such services unlawfully. Two … Continue reading Ali v Office of The Immigration Services Commissioner (Race Discrimination): EAT 6 Nov 2020

EAT Race Discrimination : Discrimination. Consultant surgeon’s complaint of discrimination based on the fact that he had not had a trainee allocated to him for five years. ‘Qualifications body’ – Equality Act 2010 ss 53 and 54. Appeal by consultant surgeon against Tribunal’s determination that NHS Education Scotland (whose principal objective was to provide education … Continue reading Kulkarni v NHS Education Scotland and Another: EAT 16 Oct 2012

The Claimant is pursuing claims of disability discrimination in the Employment Tribunal, which are defended. It is common ground between the parties that for the purposes of an Equality Act 2010 claim the 2006 United Nations Convention on the Rights of Persons with Disabilities has indirect effect. At a Preliminary Hearing the Employment Tribunal correctly … Continue reading Britliff v Birmingham City Council (Disability Discrimination): EAT 16 Aug 2019

EAT EQUAL PAY ACT – Part time pensions The Claimant women were unlawfully excluded from an occupational pension scheme as part-timers, but they would never have joined it if it had been open to them. There is no basis for ordering a declaration that the Respondents breached the implied equality term during the period when … Continue reading Copple and Others v Littlewoods Plc and Others: EAT 23 Dec 2010

EAT AGE DISCRIMINATIONContractual redundancy scheme incorporating a cap preventing employees recovering more than they would have earned if they had remained in employment until retirement age – Cap applied to Claimant, reducing the amount that he would otherwise have received by some andpound;14,000 – Tribunal holds that cap disproportionately applied to those approaching retiring age … Continue reading Kraft Foods Uk Ltd v Hastie: EAT 6 Jul 2010

EAT DISABILITY DISCRIMINATION – Exclusions/jurisdictions Was the Claimant ‘ordinarily resident in Great Britain’ for the purposes of section 68(2A)(c) Disability Discrimination Act and regulation 10(2)(c) Employment Equality (Age) Regulations 2006, so as to found jurisdiction to determine his complaints of disability and age discrimination? Employment Tribunal’s decision that he was not was upheld on the … Continue reading Neary v Service Children’s Education and Others: EAT 17 Jun 2010

The claimant alleged indirect age discrimination, in not having received a promotion to a post of legal adviser to the defendant. He did not have a law degree and did not want to undertake the study required which would have him acquiring the degree only after retirement. The EAT had allowed the employer’s appeal finding … Continue reading Homer v Chief Constable of West Yorkshire Police: CA 27 Apr 2010

EAT EQUAL PAY – Material factor defence and justification EQUAL PAY – Indirect discrimination Appeal from decision of Employment Tribunal on issues remitted by the Court of Appeal in Armstrong v Newcastle upon Tyne NHS Hospitals Trust [2006] IRLR 124. Held: The Tribunal was entitled to find: (a) that the factor relied on by the … Continue reading Newcastle Upon Tyne NHS Hospitals Trust v Armstrong and Others: EAT 22 Feb 2010

EAT Procedural Issues – Employment Tribunal Judges: His Honour Judge J Hicks QC Citations: [1999] UKEAT 616 – 99 – 2010, EAT/616/99 Links: Bailii, EAT Jurisdiction: England and Wales Cited by: See Also – Sivanandan v Hackney Action for Race Equality (Hare) EAT 1-Feb-2001 . .See Also – Sivanandan v Hackney Action for Racial Equality … Continue reading Sivanandan v Hackney Action for Racial Equality (Hare): EAT 20 Oct 1999

The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006

JURISDICTIONAL POINTS – Claim in time and effective date of termination DISABILITY DISCRIMINATION Following her resignation, the Appellant complained of various types of disability discrimination and of constructive unfair dismissal. At a Preliminary Hearing the Judge determined that all the complaints of discrimination during employment were out of time and that it was not just … Continue reading McLeary v One Housing Group Ltd: EAT 6 Feb 2019

Disability related discrimination DISABILITY DISCRIMINATION – Reasonable adjustments The Tribunal had erred in only one material respect by making the wrong comparison when comparing, in a reasonable adjustments claim, the impact of erratic payment of sick pay on the Claimant with its impact on others on sick leave for reasons other than mental health related … Continue reading Ishola v Transport for London (Disability Discrimination): EAT 16 Nov 2018

Phillips J considered an alteration to the terms of an employment contract, saying: ‘One then goes on to see what the effect as prescribed is, and it is that that term, so identified, in the appellants’ contracts shall be treated, as so modified, as not to be less favourable. It seems to us that the … Continue reading Sorbie v Trust House Forte Hotels: EAT 1976

EAT Disability Discrimination: Disability Related Discrimination – Reasonable adjustments – UNFAIR DISMISSAL – Reasonableness of dismissal – The Tribunal below was required under a decision of the Appeal Tribunal, subsequently (after the Tribunal’s decision) found by the Court of Appeal to have been in error, to apply the wrong comparison when determining claims for breach … Continue reading Perratt v The City of Cardiff Council: EAT 28 Jun 2016

EAT DISABILITY DISCRIMINATION – Disability Disabled person – section 6 Equality Act 2010 At a Preliminary Hearing, the ET had held that the Claimant was at all material times a disabled person within the meaning of section 6 of the Equality Act 2010. On the Respondent’s appeal and the parties having agreed terms of a … Continue reading Chief Constable of Sussex Police v Millard (Disability Discrimination : Disability): EAT 22 Feb 2016

EAT Practice and Procedure: Striking-Out/Dismissal – The Claimant – employed by the Respondent on a fixed-term basis in an airside ground staff capacity – had complained that his dismissal had been an act of victimisation contrary to section 27 Equality Act 2010 (in respect of previous complaints against the Respondent and a more recent complaint … Continue reading Ahir v British Airways Plc: EAT 15 Apr 2016

EAT Race Discrimination: Direct – UNFAIR DISMISSAL – Automatically unfair reasons UNFAIR DISMISSAL – Reason for dismissal including substantial other reason Direct race discrimination – sections 13 and 136 Equality Act 2010; automatic unfair dismissal – section 103A Employment Rights Act 1996; unfair dismissal – section 98 Employment Rights Act 1996 The Claimant – a … Continue reading London Borough of Wandsworth v CRW: EAT 7 Mar 2016

EAT (Jurisdictional Points: Extension of Time: Just and Equitable) The Employment Tribunal found that the Appellant employer had failed to make reasonable adjustments in relation to re-deploying the Claimant employee between April and August 2011 and that the Claimant’s claim in respect thereof was well founded. They also found that time for that claim began … Continue reading Abertawe Bro Morgannwg University v Morgan: EAT 8 Mar 2016