EAT Equality Act 2010 section 27B. Victimisation. The claimant applied for a vacancy advertised by the respondent. He was qualified for the post and was the only applicant. The respondent shortlisted him but prior to interview decided to withdraw the vacancy. The HR department of the respondent thought that there was a high risk of … Continue reading Das v Ayrshire and Arran Health Board (Equality Act 2010 Section 27B Victimisation): EAT 28 Nov 2014

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

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

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

EAT Disability Discrimination – Disability – The effect of an impairment may be direct or indirect. However, the majority of the Employment Tribunal erred in holding that the deduced effect of the Claimant’s impairment for the purpose of Equality Act 2010 Schedule 1 Part 1 paragraph 5 was substantial and adverse to her ability to … Continue reading Sussex Partnership NHS Foundation Trust v Norris: EAT 30 Oct 2012

Judges: Underhill, Peter Jackson LJJ, Lord Sales Citations: [2019] EWCA Civ 44, [2019] 2 CMLR 18, [2019] ICR 1118, [2019] 4 All ER 450, [2019] WLR(D) 56, [2019] IRLR 335 Links: Bailii, WLRD Statutes: Equality Act 2010 79(4) Jurisdiction: England and Wales Cited by: Appeal from – Asda Stores Ltd v Brierley and Others SC … Continue reading Asda Stores Ltd v Brierley and Others: CA 31 Jan 2019

The claimant appealed against rejection of his claim of age discrimination. the claimant complained that the trust had deliberately failed to comply with a requirement to consult before declaring him to be redundant, so that his employment would cease before he reached the age which would trigger a higher severance payment. The tribunal and EAT … Continue reading Woodcock v Cumbria Primary Care Trust: CA 22 Mar 2012

The Council appealed against an order dismissing its application for the claimants’ claims under equal pay legislation to be struck out for want of jurisdiction. The claims had been brought in the High Court rather than te hEmployment Tribunal, thus extending the effective limitation date from 6 months to six years. Held: The Council’s appeal … Continue reading Birmingham City Council v Abdulla and Others: CA 29 Nov 2011

The employment tribunal had been bound to dismiss the claimant’s claim for discrimination arising from the claimant’s disability. The claimant had a disability which caused her to suffer from migraines caused by computer software, which the respondent unsuccessfully tried to address by use of screen magnification software. The respondent eventually moved the claimant to a … Continue reading Department of Work and Pensions v Robinson (Discrimination : Disability): EAT 23 Jul 2019

Mrs Wallis was employed by the Ministry of Defence at the international school attached to SHAPE in Belgium. Mrs Grocott was employed by the Ministry in the British section of the Armed Forces North International School in the Netherlands. Both SHAPE and JFC are entities within the structure of NATO. They were recruited because they … Continue reading Ministry of Defence v Wallis and Grocott: CA 8 Mar 2011

RACE DISCRIMINATION – Harassment, Third-Party Harassment The issue in this appeal is whether s . 26 (1) of the Equality Act 2010 (‘the 2010 Act’) should be interpreted so as to impose liability on an employer for third-party harassment against employees. The Claimant worked as a mental health nurse and was assaulted by a patient … Continue reading Bessong v Pennine Care NHS Foundation Trust (Race Discrimination – Harassment): EAT 18 Oct 2019

Disability Discrimination – Reasonable AdjustmentsThe Claimant suffers from ME/chronic fatigue syndrome (‘CFS’). This makes it more likely that she will have higher absences than other employees. In 2011, the Respondent made an adjustment to its sickness absence management policy (‘SAMP’) whereby the Claimant could have up to 5 absences in a 12-month period before triggering … Continue reading Northumberland Tyne and Wear NhHS Foundation Trust v Ward: EAT 18 Oct 2019

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

DISABILITY DISCRIMINATION – disability – disabled person – section 6 Schedule 1 Equality Act 2010 In finding that the Claimant, who suffered work related stress, was not a disabled person for the purposes of the Equality Act 2010 (‘the EqA’), the Employment Tribunal (‘ET’) accepted that he suffered an impairment that had a substantial adverse … Continue reading Parnaby v Leicester City Council (Disability Discrimination): EAT 19 Jul 2019

Sex discrimination – pregnancy and discrimination; Contract Workers; Jurisdiction Contract of employment Maternity Rights and Parental leave – sex discrimination In this case the Employment Appeal Tribunal heard an appeal against the Employment Tribunal’s decision under s 83(2)(a) of the Equality Act 2010. The EAT allowed the appeal and concluded on the facts found proved … Continue reading Town and Country Glasgow Ltd v Munro (Maternity Rights and Parental Leave — Sex Discrimination): EAT 23 Jul 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 Disability Discrimination – Reasonable adjustments – Practice and Procedure – Disclosure. EAT Practice and Procedure – Disclosure. Judges: The Honourable Mr Justice Burton Citations: UKEAT/0812/03, [2004] UKEAT 0812 – 03 – 0607, [2004] UKEAT 0472 – 04 – 0607, UKEAT/0472/04 Links: Bailii, Bailii, EAT, EAT Jurisdiction: England and Wales Citing: See Also – Sivanandan … Continue reading Sivanandan v Hackney Action for Racial Equality etc: EAT 6 Jul 2004

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

EAT Race Discrimination : Indirect – RELIGION OR BELIEF DISCRIMINATION Until 2002 the only Chaplains employed by the Prison Service were Christians. Since then, Chaplains of other faiths have been recruited. The pay scale for Chaplains reflects – inter alia – length of service. The Claimant, a Muslim Chaplain, was appointed in 2004. His claim … Continue reading Naeem v The Secretary of State for Justice: EAT 15 Jan 2014