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
The claimant had resigned as a magistrate after a refusal of his requirement that he not be asked to sit on adoption applications involving same sex couples. Held: The request was an abdication of the duties of a magistrate, and his claim failed. EAT Religion or beliefThe appellant was a Justice of the Peace. He … Continue reading McClintock v Department of Constitutional Affairs: EAT 31 Oct 2007
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
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
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