Click the case name for better results:

Das v Ayrshire and Arran Health Board (Equality Act 2010 Section 27B Victimisation): EAT 28 Nov 2014

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

Manchester City Council v Pinnock: SC 3 Nov 2010

The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010

Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

Unwin v Oltec Group Trading Ltd and Another (Contract of Employment : Implied Term/Variation/Construction of Term): EAT 13 Feb 2015

EAT Contract of Employment : Implied Term/Variation/Construction of Term – DISABILITY DISCRIMINATION – Burden of proof The Employment Tribunal had concluded that a contract of employment which stated that the Claimant was employed to work a minimum of 48 hours in fact meant a maximum of 48 hours. That finding was perverse: no one had … Continue reading Unwin v Oltec Group Trading Ltd and Another (Contract of Employment : Implied Term/Variation/Construction of Term): EAT 13 Feb 2015

Sridhar v Kingston Hospital NHS Foundation Trust (Practice and Procedure : Race Discrimination): EAT 21 Jul 2020

The Appellant appealed against the ruling of the Employment Tribunal at a Preliminary Hearing that certain of his race discrimination and racial harassment claims should be struck out because they were out of time. The appeal was allowed, on the basis that the Tribunal had not addressed the Appellant’s contention that apparently disparate acts and … Continue reading Sridhar v Kingston Hospital NHS Foundation Trust (Practice and Procedure : Race Discrimination): EAT 21 Jul 2020

Warner v Armfield Retail and Leisure Ltd (Contract of Employment : Frustration): EAT 8 Oct 2013

EAT CONTRACT OF EMPLOYMENT – Frustration DISABILITY DISCRIMINATION – Disability related discrimination For the purposes of claims of unfair dismissal and breach of contract the Respondent argued, and the Employment Tribunal accepted, that the Claimant’s contract came to an end by virtue of the doctrine of frustration. It was argued that this doctrine had no … Continue reading Warner v Armfield Retail and Leisure Ltd (Contract of Employment : Frustration): EAT 8 Oct 2013

Oliphant v Boots Management Services Ltd (Practice and Procedure : Amendment): EAT 19 Jun 2013

EAT PRACTICE AND PROCEDURE – Amendment Amendment of pleadings. The Claimant submitted a form ET1 alleging that she had made protected disclosures and had suffered detriment due to that; and that she was disabled and the Respondent had refused to make reasonable adjustments. She submitted an agenda for a Case Management Discussion (CMD) in which … Continue reading Oliphant v Boots Management Services Ltd (Practice and Procedure : Amendment): EAT 19 Jun 2013

Northumberland County Council v Trebillcock (Practice and Procedure : Application or Claim): EAT 25 Apr 2013

EAT PRACTICE AND PROCEDUREApplication/claimWithdrawalThere was an argument before the Employment Tribunal on the question whether any claim under section 18(4) of the Equality Act 2010 had been withdrawn by the terms of a response put in by the Claimant in answer to an order of the Employment Tribunal. On analysis, two questions had to be … Continue reading Northumberland County Council v Trebillcock (Practice and Procedure : Application or Claim): EAT 25 Apr 2013

Northumberland County Council v Trebillcock (Practice and Procedure : Application/Claim): EAT 25 Jun 2013

EAT PRACTICE AND PROCEDUREApplication/claimWithdrawalThere was an argument before the Employment Tribunal on the question whether any claim under section 18(4) of the Equality Act 2010 had been withdrawn by the terms of a response put in by the Claimant in answer to an order of the Employment Tribunal. On analysis, two questions had to be … Continue reading Northumberland County Council v Trebillcock (Practice and Procedure : Application/Claim): EAT 25 Jun 2013

Azam and Co v Legal Services Commission: ChD 5 May 2010

The claimant solicitors had failed to submit their tender for a new contract in time. The respondent refused to accept the late submission. The claimant said that the respondent had not directly notified it of the deadline and so failed to meet its obligations under the 2006 Act and European law, and that the refusal … Continue reading Azam and Co v Legal Services Commission: ChD 5 May 2010

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

Seldon v Clarkson Wright and Jakes (A Partnership): CA 28 Jul 2010

The claimant solicitor said that the compulsory retirement from his partnership on age grounds was discriminatory, and that the UK Regulations had not implemented the Directive fully. Held: The appeal failed. The purpose of the provision as to allow the progression of younger members of the practice. This aim was recognised by the legislation, and … Continue reading Seldon v Clarkson Wright and Jakes (A Partnership): CA 28 Jul 2010

Carson and Others v The United Kingdom: ECHR 16 Mar 2010

(Grand Chamber) The court ruled admissible claims against the United Kingdom by 13 persons entitled to British State pensions for violation of article 14 of the Convention in combination with article 1 of the First Protocol. All the claimants had earned pensions by working in Britain, but had emigrated to South Africa, Australia or Canada … Continue reading Carson and Others v The United Kingdom: ECHR 16 Mar 2010

Commission for Equality and Human Rights v Griffin and Others: Admn 17 Dec 2010

An action against the defendant as chairman of the British National Party had been settled in January 2010 on the basis of an undertaking from him that the constitution of the Party would be amended to comply with the requirements of the 2006 Act. Though the defendant had issued an amendment, the Commission now complained … Continue reading Commission for Equality and Human Rights v Griffin and Others: Admn 17 Dec 2010

Pieretti v London Borough of Enfield: CA 12 Oct 2010

The claimant sought a declaration that the duty set out in the 1995 Act applies to the discharge of duties, and to the exercise of powers, by local housing authorities under Part VII of the Housing Act 1996 being the part entitled ‘Homelessness’. The defendant argued that (1) the section concerned only the general formulation … Continue reading Pieretti v London Borough of Enfield: CA 12 Oct 2010

HM Land Registry v Grant: EAT 15 Apr 2010

hmlr_grantEAT10 EAT SEXUAL ORIENTATION DISCRIMINATION/TRANSEXUALISMHARASSMENT – ConductPRACTICE AND PROCEDURE – Appellate Jurisdiction /Reasons /Burns-BarkeAn Employment Tribunal accepted that 6 out of 12 complaints of discrimination, and 5 out of 12 of unlawful harassment, were made out. None of the acts complained of, save possibly one, was obviously and intrinsically discriminatory. Each finding relied on the … Continue reading HM Land Registry v Grant: EAT 15 Apr 2010

R (JDR) v First-Tier Tribunal and CICA (Tribunal Procedure and Practice (Including UT) : Other): UTAA 22 Oct 2014

JDR_fttUTAA1410 The case raises issues concerning: (i) the application of the Equality Act 2010 to judicial decisions; and (ii) the exercise of the tribunal’s power to reject an agreed submission on the decision that should be made. Jacobs UTJ [2014] UKUT 478 (AAC) Bailii Equality Act 2010 England and Wales Personal Injury Updated: 02 November … Continue reading R (JDR) v First-Tier Tribunal and CICA (Tribunal Procedure and Practice (Including UT) : Other): UTAA 22 Oct 2014

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

Medvedyev And Others v France: ECHR 29 Mar 2010

(Grand Chamber) A Cambodian vessel, The Winner, trafficked drugs on the high seas (Cape Verde). It was detected and boarded by the French authorities, detaining the crew on board and took them on the vessel to France for trial. France was, but Cambodia was not, party to the relevant international drug trafficking conventions, which did … Continue reading Medvedyev And Others v France: ECHR 29 Mar 2010

AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010

The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not routinely funded.’ Held: The claim for judicial review failed. There was no general medical concensus … Continue reading AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales and Another: ChD 17 Mar 2010

The charity appealed against refusal of permission to amend its charitable objects as set out in the memorandum of association. The charity was successful as an adoption agency particularly in placing children who would otherwise have had difficulty finding a home, following the principles of the Roman Catholic Church, and it wanted to restrict its … Continue reading Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales and Another: ChD 17 Mar 2010

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

BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: QBD 9 Feb 2007

The claimants said that changes to the Highy Skilled Migrant Programme were unfairly introduced, that they had effectively barred non-EU doctors from applying for first tier doctor appointments, and that the guidance could properly be derived only . .

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

City of York Council v Grosset: EAT 1 Nov 2016

EAT Disability Discrimination – Section 15 DISABILITY DISCRIMINATION – Justification UNFAIR DISMISSAL – Reasonableness of dismissal Appeal Disability discrimination – unfavourable treatment because of something arising from the consequences of disability – justification – section 15 Equality Act 2010 (‘EqA’) The Claimant – Head of English at a secondary comprehensive school operated by the Respondent … Continue reading City of York Council v Grosset: EAT 1 Nov 2016

Reverend Canon Pemberton v Reverend Richard Inwood: EAT 7 Dec 2016

EAT (Sex Discrimination : Marital Status) SEXUAL ORIENTATION DISCRIMINATION HARASSMENT Discrimination – marital status – sexual orientation Qualifications bodies – relevant qualification – sections 53 and 54 Equality Act 2010 Exceptions from liability – religious requirements relating to marriage – schedule 9 paragraph 2 Equality Act 2010 Harassment – section 26 Equality Act 2010 The … Continue reading Reverend Canon Pemberton v Reverend Richard Inwood: EAT 7 Dec 2016

Madani Schools Federation v Uddin: EAT 24 Nov 2016

EAT (Disability Discrimination: Disability Related Discrimination) The Claimant alleged discrimination arising from disability under section 15 Equality Act 2010. He raised six complaints. In relation to five of them there was no issue as to their factual basis and the Employment Tribunal was satisfied that they amounted to unfavourable treatment. The issue for the Employment … Continue reading Madani Schools Federation v Uddin: EAT 24 Nov 2016

Mefful v Merton and Lambeth Citizens Advice Bureau: EAT 6 Oct 2016

EAT (Disability Discrimination : Exclusions/Jurisdictions) The first Employment Tribunal determined the Appellant was not a disabled person by reason of his hearing impairment. The second Employment Tribunal (following remission) determined the Appellant was a disabled person having regard to his left shoulder impairment, but that the cumulative effect of his hearing condition together with his … Continue reading Mefful v Merton and Lambeth Citizens Advice Bureau: EAT 6 Oct 2016

Birmingham City Council v Wilson: CA 17 Nov 2016

The case concerns the extent of a housing authority’s duty of inquiry, in light of the public sector equality duty set out in section 149 of the Equality Act 2010, into whether an applicant for homelessness assistance has a disability requiring special arrangements to be made. Black, Beatson, Sales LJJ [2016] EWCA Civ 1137 Bailii … Continue reading Birmingham City Council v Wilson: CA 17 Nov 2016

Tesco Stores Ltd v Kayani: EAT 8 Sep 2016

Jurisdictional Points : Extension of Time: Reasonably Practicable JURISDICTIONAL POINTS – Extension of time: just and equitable The Claimant had lodged various claims of unfair dismissal and sex (pregnancy related) discrimination, all outwith the relevant three month time limits. During the statutory three month period the Claimant had instructed solicitors and instructed them to raise … Continue reading Tesco Stores Ltd v Kayani: EAT 8 Sep 2016

Fairlead Maritime Ltd v Parsoya: EAT 30 Oct 2016

EAT Race Discrimination: Indirect – JURISDICTIONAL POINTS – Extension of time: just and equitable Indirect race discrimination – claim in time – continuing act – section 123(3) Equality Act 2010 – just and equitable extension of time The Respondent had operated an indirectly discriminatory policy of under-paying those with ’employability issues’ – effectively where it … Continue reading Fairlead Maritime Ltd v Parsoya: EAT 30 Oct 2016

Pugh v RT Electrics Ltd: EAT 6 Sep 2016

EAT Practice and Procedure : Estoppel or Abuse of Process PRACTICE AND PROCEDURE – Review The Claimant had brought a number of claims against his employer, the Respondent. A Preliminary Hearing had been fixed to determine all issues of time bar raised by the Respondent. An Employment Tribunal decided that one of the claims (Claim … Continue reading Pugh v RT Electrics Ltd: EAT 6 Sep 2016

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

Unite The Union v Nailard: EAT 27 Sep 2016

EAT Jurisdictional Points : Worker, Employee or Neither HARASSMENT SEX DISCRIMINATION – Direct TRADE UNION RIGHTS The appeal concerned sexual harassment by elected officers of the Respondent trade union against a paid (employed) officer. 1. The ET held that the elected officers were employees of the Respondent under the extended definition in section 83(2) of … Continue reading Unite The Union v Nailard: EAT 27 Sep 2016

Greco v General Physics UK Ltd: EAT 2 Aug 2016

EAT Practice and Procedure: Bias, Misconduct and Procedural Irregularity JURISDICTIONAL POINTS The Claimant complained that the Employment Tribunal (1) failed to determine some issues of sex discrimination which she put forward; (2) misapplied section 123(3) of the Equality Act 2010 by failing to find that the Respondent had been responsible for conduct extending over a … Continue reading Greco v General Physics UK Ltd: EAT 2 Aug 2016

Buchanan v The Commissioner of Police of The Metropolis: EAT 30 Sep 2016

EAT Disability Discrimination: Disability Related Discrimination – Justification The Claimant, a serving police officer who had a disability by virtue of a serious motor cycle accident, was made subject to the ‘Unsatisfactory Performance Procedure’ laid down in the Police (Performance) Regulations 2012. He complained to the Employment Tribunal that a series of steps taken at … Continue reading Buchanan v The Commissioner of Police of The Metropolis: EAT 30 Sep 2016

Lowmoore Nursing Home Ltd v Smith: EAT 21 Jun 2016

EAT Debarred – Unfair Dismissal: Constructive Dismissal – DISABILITY DISCRIMINATION – Reasonable adjustments The Employment Tribunal did not err in determining the claim for failing to make reasonable adjustments. They did not reach their decision on a different basis from that which the Claimant raised with her employer and set out in her Particulars of … Continue reading Lowmoore Nursing Home Ltd v Smith: EAT 21 Jun 2016

Fennell v Foot Anstey Llp: EAT 28 Jul 2016

Age Discrimination – Direct Age Discrimination – section 13 Equality Act 2010 – burden of proof The Claimant was a solicitor who had not been offered a new partnership under a restructuring exercise carried out by the Respondent firm, in which he had been a limited equity partner (‘LEP’). He complained this was because of … Continue reading Fennell v Foot Anstey Llp: EAT 28 Jul 2016

XC Trains Ltd v CD and Others: EAT 28 Jul 2016

EAT Sex Discrimination : Comparison – Justification The Employment Tribunal did not err in deciding that a provision criterion or practice (‘PCP’) which required train drivers employed by the First Respondent to work at least 50% of their roster and on a number of Saturdays put women at a particular disadvantage. They correctly based their … Continue reading XC Trains Ltd v CD and Others: EAT 28 Jul 2016

Warner v B and M Europe Ltd: EAT 13 Jul 2016

EAT Practice and Procedure: Review – Human Rights – In the B and M appeal (UKEAT/0139/16/RN) the Employment Judge was entitled to dismiss a reconsideration application by the Claimant on the basis (a) that, as a matter of fact, the Claimant’s representative was aware of the reconsideration (telephone) hearing but failed to take part and … Continue reading Warner v B and M Europe Ltd: EAT 13 Jul 2016

Perratt v The City of Cardiff Council: EAT 28 Jun 2016

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

Vodafone Ltd v Winfield (Jurisdictional Points: Extension of Time: Just and Equitable): EAT 25 Apr 2016

EAT JURISDICTIONAL POINTS – Extension of time: just and equitable UNFAIR DISMISSAL – Reasonableness of dismissal The Employment Tribunal did not err in law in its application of section 123(1) of the Equality Act 2010. It did not err in law, nor was it perverse, in deciding that the Claimant was unfairly dismissed. David Richardson … Continue reading Vodafone Ltd v Winfield (Jurisdictional Points: Extension of Time: Just and Equitable): EAT 25 Apr 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