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

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 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

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 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 RELIGION OR BELIEF DISCRIMINATIONUNFAIR DISMISSAL – Reason for dismissalChristian counsellor dismissed by Relate for failing to give an unequivocal commitment to counsel same-sex couples.Held: Tribunal right to dismiss claims of discrimination (direct and indirect) contrary to the Employment Equality (Religion or Belief) Regulations 2003 and of unfair dismissal – London Borough of Islington v … Continue reading McFarlane v Relate Avon Ltd: EAT 30 Nov 2009

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 RELIGION OR BELIEF DISCRIMINATION The claimant was a Registrar who, amongst other things, registered marriages. When the Civil Partnerships Act came into force, she refused to participate in registering such partnerships because to do so was inconsistent with her religious beliefs. The council insisted that she should undertake at least some of these duties, … Continue reading London Borough of Islington v Ladele: EAT 19 Dec 2008

Disability related discrimination – section 15(2) – knowledge; section 15(1)(b) – justification; loss and mitigation; compensation It was accepted that the Claimant was a disabled person for the purposes of the Equality Act 2010 – by reason of the fact she suffered from mental and psychiatric impairments, namely stress, depression, low mood and schizophrenia – … Continue reading A Ltd v Z: EAT 28 Mar 2019

DISABILITY DISCRIMINATION – Disability related discrimination The Claimant was employed by the Respondent, a provider of services for adults and children with special needs, as a care worker on a temporary basis. She applied for and was granted a permanent position, but subject to medical clearance. Following receipt of a medical report, the Respondent withdrew … Continue reading Birtenshaw v Oldfield: EAT 11 Apr 2019

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 DISCRIMINATION – Disability related discrimination The Claimant was employed by the Respondent to work in its warehouse. She was a disabled person for the purposes of the Equality Act 2010 (‘EqA’) by reason of suffering osteoarthritis. It was her perception (supported by her GP) that her symptoms worsened in cold and damp weather. When … Continue reading Iforce Ltd v Wood: EAT 3 Jan 2019

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

Disability – definition – ‘substantial’ – ‘long-term’ Until she resigned on 31 August 2016, the Claimant was employed by the Respondent as a Science Teacher. In her subsequent ET claim, she contended she had suffered disability discrimination; it was the Claimant’s case that, since December 2015, she had suffered from a physical impairment, ultimately diagnosed … Continue reading Nissa v Waverly Education Foundation Ltd and Another: EAT 19 Nov 2018