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CVS Solicitors Llp and Another v Van Der Borgh (Religion or Belief Discrimination): EAT 26 Jul 2013

cvs_borghEAT072013 EAT RELIGION OR BELIEF DISCRIMINATION AGE DISCRIMINATION The authorities on the alternative definition of ’employee’ in Employment Equality (Religion or Belief) Regulations 2003 and Employment Equality (Age) Regulations 2006 as a person employed ‘under a contract personally to do any work’ establish that there is a dichotomy between independent providers of services who are … Continue reading CVS Solicitors Llp and Another v Van Der Borgh (Religion or Belief Discrimination): EAT 26 Jul 2013

Tariq v The Home Office: EAT 16 Oct 2009

EAT PRACTICE AND PROCEDUREDisclosureHUMAN RIGHTS(1) The procedure sanctioned by rule 54 of the Employment Tribunals Rules of Procedure, and by the Employment Tribunals (National Security) Rules of Procedure, is not incompatible with a claimant’s right under Art. 6 of the European Convention on Human Rights to a fair hearing of his claim for discrimination, or … Continue reading Tariq v The Home Office: EAT 16 Oct 2009

Jivraj v Hashwani: ComC 26 Jun 2009

The claimant said that the requirement in an arbitration clause for all the arbitrators to be members of the Ismaili community was unlawful under the 2003 Regulations. Held: The appointment was not discriminatory. An arbitrator’s employment was not within the Regulations, and was not a worker under the case law. He was instead an independent … Continue reading Jivraj v Hashwani: ComC 26 Jun 2009

Eweida v British Airways Plc: CA 12 Feb 2010

The court was asked whether, by adopting a staff dress code which forbade the wearing of visible neck adornment and so prevented the appellant, a Christian, from wearing with her uniform a small, visible cross, British Airways (BA) indirectly discriminated against her on grounds of religion or belief. Held: There was no requirement that a … Continue reading Eweida v British Airways Plc: CA 12 Feb 2010

Igen Ltd v Wong: CA 18 Feb 2005

Proving Discrimination – Two Stage Process Each appeal raised procedural issues in discrimination cases, asking where, under the new regulations, the burden of proof had shifted. Held: The new situation required a two stage process before a complaint could be upheld. First the claimant had to establish facts allowing the tribunal to conclude, in the … Continue reading Igen Ltd v Wong: CA 18 Feb 2005

Jivraj v Hashwani: SC 27 Jul 2011

The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011

Azmi v Kirklees Metropolitan Borough Council: EAT 30 Mar 2007

The claimant alleged discrimination. As a teaching assistant, she had been refused permission to wear a veil when assisting a male teacher. Held: Direct discrimination had not been shown. The respondent had shown that any comparator would have also been required to remove a veil since it obscured her face and mouth and was a … Continue reading Azmi v Kirklees Metropolitan Borough Council: EAT 30 Mar 2007

Grainger Plc and Others v Nicholson: EAT 3 Nov 2009

EAT RELIGION OR BELIEF DISCRIMINATION A belief in man-made climate change, and the alleged resulting moral imperatives, is capable, if genuinely held, of being a philosophical belief for the purpose of the 2003 Religion and Belief Regulations. The belief must be of a similar cogency or status to a religious belief, the ECHR jurisprudence is … Continue reading Grainger Plc and Others v Nicholson: EAT 3 Nov 2009

Eweida And Others v The United Kingdom: ECHR 15 Jan 2013

Eweida_ukECHR2013 The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants had variously relied upon their Christian faith to justify refusal to … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013

Bungay and Others v Saini and Others: EAT 27 Sep 2011

EAT RACE DISCRIMINATIONVicarious liability Post employmentThe Appellants were members of the board of a Centre. As a result of decisions of the Employment Tribunal and the Employment Appeal Tribunal, it was held that the Appellants had unfairly dismissed the Respondents, who were employees of the Centre and that they had unfairly discriminated against them on … Continue reading Bungay and Others v Saini and Others: EAT 27 Sep 2011

McFarlane v Relate Avon Ltd: CA 29 Apr 2010

The employee renewed his application for leave to appeal against refusal of his discrimination claim on the grounds of religious belief. He worked as a relationship sex therapist, and had signed up to the employer’s equal opportunities policy, but felt that his Christian beliefs required him not to work to assist same sex couples where … Continue reading McFarlane v Relate Avon Ltd: CA 29 Apr 2010

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Ladele v London Borough of Islington: CA 15 Dec 2009

The appellant was employed as a registrar. She refused to preside at same sex partnership ceremonies, saying that they conflicted with her Christian beliefs. Held: The council’s decision had clearly disadvantaged the claimant, and the question was whether its policies were a proportionate way of achieving a legitimate aim. They were. The overarching policy was … Continue reading Ladele v London Borough of Islington: CA 15 Dec 2009