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 DISCRIMNATION – Exclusions/jurisdictions The Tribunal had not erred in concluding that a manifestation of the Claimant’s post-traumatic stress disorder and dissociative amnesia was a tendency to steal which was an excluded condition pursuant to Regulation 4(1)(b) Equality Act 2010 (Disability) Regulations 2010 (SI 2010/2128). The ET was entitled, on the evidence, to reject the … Continue reading Wood v Durham County Council: EAT 3 Sep 2018
Harassment – Disability Related Discrimination VICTIMISATION DISCRIMINATION – Protected disclosure The Employment Tribunal were best placed to make findings of fact about the context and office culture which it did, and which was necessary in order to understand the Claimant’s allegations of harassment and victimisation as well as direct discrimination and section 15 disability discrimination. … Continue reading Evans v Xactly Corporation Ltd: EAT 15 Aug 2018
Unfair Dismissal : Implied Term : Variation : Construction of Term : Disability Discrimination 1. This appeal raises the question whether it is fair and/or a proportionate means of achieving a legitimate aim for an employer to dismiss an employee by reason of permanent incapability at a time when an entitlement to long-term disability benefits … Continue reading Awan v ICTS UK Ltd: EAT 23 Nov 2018
Practice and Procedure – Bias, Misconduct and Procedural Irregularity – DISABILITY DISCRIMINATION – Reasonable adjustments The Claimant was a Latvian national with a limited command of English. At the trial of her claims of unfair dismissal and disability discrimination she acted in person, assisted by an interpreter. The Employment Tribunal (‘ET’) dismissed her claims. The … Continue reading Broma v Bakkavor Foods Ltd (T/A Bakkavor Desserts Highbridge): EAT 28 Jun 2018
Judges: Underhill, Ryder, Holroyde LJJ Citations: [2019] EWCA Civ 1112, [2019] WLR(D) 372 Links: Bailii, WLRD Statutes: Equality Act 2010 Jurisdiction: England and Wales Discrimination Updated: 13 July 2022; Ref: scu.639495
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
RACE DISCRIMINATION – Direct HARASSMENT – Conduct A colleague of the Appellant, Ms S, posted an image of a golliwog on her private Facebook page with the caption, ‘Let’s see how far he can travel before Facebook takes him off’. The image was shared with Ms S’s list of Facebook friends, including another colleague, BW. … Continue reading Forbes v LHR Airport Ltd (Race Discrimination – Direct : Harassment): EAT 28 Feb 2019
The Claimant was a member and branch secretary of the Respondent trade union. At the age of 62, he was nominated to stand for election to the Respondent’s National Executive Committee for the requisite three-year term. His nomination was rejected by the Respondent on the basis of a rule in its Rulebook which did not … Continue reading The National Union of Rail, Maritime and Transport Workers (RMT) v Lloyd (Age Discrimination): EAT 15 Mar 2019
Notwithstanding a Tribunal’s colloquial use of the term ‘necessarily’ in the context of determining the date on which a Claimant fell to be assessed as disabled, in accordance with section 6(1) Equality Act 2010 (and in particular as to when it was likely that the substantial adverse effects of the Claimant’s impairment would last for … Continue reading Martin v University of Exeter: EAT 30 Aug 2018
Practice and Procedure – Stay – Paragraph 43(6) Schedule B1 Insolvency Act 1986 The Claimant had commenced Employment Tribunal (‘ET’) proceedings against eight Respondents. Subsequently, the first two Respondents (one of which had been the Claimant’s employer) went into administration and a stay was imposed on the proceedings under paragraph 43(6) Schedule B1 Insolvency Act … Continue reading Ince Gordon Dadds Llp and Others v J Tunstall and Others: EAT 19 Jun 2019
The claimant challenged his non-selection by the defendant political party as a candidate for the forthcoming European elections, and in particular their recently adopted protocol for selecting candidates. Judges: Waksman J Citations: [2019] EWHC 1398 (QB) Links: Bailii Statutes: Equality Act 2010 Jurisdiction: England and Wales Discrimination Updated: 08 July 2022; Ref: scu.638201
Victimisation Discrimination – Protected Disclosure – PRACTICE AND PROCEDURE – Striking-out/dismissal There is an issue between the parties as to the cause of detriments, the subject of the alleged victimisation contrary to the Equality Act 2010. The Claimant alleges that they were because of an admitted protected act, the bringing of a grievance alleging sex … Continue reading Simpson v Air Business Ltd: EAT 9 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
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints. Held: The Commissioner’s appeal failed: To provide an effective deterrent, laws which prohibit conduct constituting a breach of article … Continue reading Commissioner of Police of The Metropolis v DSD and Another: SC 21 Feb 2018
UNFAIR DISMISSAL – Reason for dismissal including substantial other reason CONTRACT OF EMPLOYMENT – Wrongful dismissal DISABILITY DISCRIMINATION – Direct disability discrimination The Employment Tribunal (‘ET’) was entitled to conclude that the Respondent had established a conduct reason for dismissal on account of the Claimant before the ET’s gross negligence. The reason had not been … Continue reading Philander v Leonard Cheshire Disability: EAT 1 Nov 2018
VICTIMISATION DISCRIMINATION – Other forms of victimisation The Tribunal’s approach to and reasons for its Judgment in relation to the Claimant’s complaint of victimisation dismissal and some of the evidence were unclear. Overall, and on the particular facts of the case, the lack of findings about the dismissing officers’ knowledge or belief of the protected … Continue reading Oladipo v Lush Retail Ltd: EAT 16 Aug 2018
EQUAL PAY An Employment Tribunal was charged with determining whether a ‘stable working relationship’ was preserved when an employee had been promoted through a series of ranks. The concept of a ‘stable employment relationship’ was created by the European Court of Justice in Preston and Others v Wolverhampton Healthcare NHS Trust and Others [2000] ICR … Continue reading Barnard v Hampshire Fire and Rescue: EAT 12 Oct 2018
RELIGION OR BELIEF DISCRIMINATION Discrimination – Religion and Belief – Indirect Discrimination – Justification – Section 19(2) Equality Act 2010 Bus drivers employed by the Respondent were required to work five out of seven days each week, including Fridays and Saturdays. This created difficulties for the Claimant who, as a Seventh Day Adventist, was required … Continue reading The City of Oxford Bus Services Ltd (T/A Oxford Bus Company) v Harvey: EAT 21 Dec 2018
HARASSMENT – Conduct SEX DISCRIMINATION – Continuing act JURISDICTIONAL POINTS – Extension of time: just and equitable The Claimant’s complaints included one of harassment related to sex, by a colleague having sent an anonymous letter criticising her handling of a patient’s care, to five recipients. The Respondent’s case was that the sender acted solely from … Continue reading Prasad v Epsom and St Helier University Hospitals NHS Trust: EAT 23 Jan 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
The complainant requested information relating to the recruitment of teachers in Northern Ireland being exempted from equality legislation. The Office of the First Minister and deputy First Minister (OFMDFM) took over ten months to respond to the request. The Commissioner finds that OFMDFM breached sections 1 and 10 of the FOIA, but as the request … Continue reading Office of The First Minister and Deputy First Minister (Decision Notice): ICO 21 Jan 2013
VICTIMISATION DISCRIMINATION – Other forms of victimisation Victimisation – section 27(3) Equality Act 2010 In 2011, when facing the likelihood that he would fail the assessment required to qualify as a Consultant Cardiothoracic Surgeon, the Claimant raised a grievance regarding a (race) discriminatory remark alleged to have been made some four years previously. Although the … Continue reading Saad v Southampton University Hospitals NHS Trust: EAT 22 Aug 2018
PRACTICE AND PROCEDURE The claimant, who was formerly employed by the respondent, brought proceedings against them for race discrimination after his employment was terminated. The proceedings were compromised by a ‘COT3’ agreement signed in March 2018. Soon afterwards, in May 2018, the claimant brought a new claim against the respondent. He alleged, among other matters, … Continue reading Arvunescu v Quick Release (Automotive) Ltd (Practice and Procedure): EAT 23 Sep 2021
The Claimant brought proceedings against his former employer, the first respondent, for race discrimination and harassment. He also brought claims against the second respondent, a company which owned all the shares in the first respondent, on the basis that it was an agent of first respondent for the purpose of section 109 of the Equality … Continue reading Sami v Avellan and Others (Practice and Procedure): EAT 17 May 2022
‘In this case the Court is required to consider the approach of the Defendant Secretary of State for Communities and Local Government (‘SSCLG’) to the consideration and determination of planning appeals which relate to the provision of pitches for use by travellers within the Green Belt. Such pitches are used to station caravans in which … Continue reading Moore and Another v Secretary of State for Communities and Local Government: Admn 21 Jan 2015
MATERNITY RIGHTS AND PARENTAL LEAVE The Claimant was on maternity leave while a redundancy exercise was being carried out. An important e-mail requiring her to fill in a redeployment document and return it to HR as soon as possible was sent to her work e-mail address which she was not accessing. As a result, she … Continue reading South West Yorkshire Partnership NHS Foundation Trust v Jackson and Others: EAT 22 Nov 2018
PRACTICE AND PROCEDURE – Amendment PRACTICE AND PROCEDURE – Case management UNFAIR DISMISSAL – Automatically unfair reasons The Claimant, who had less than two years’ service, had sought to pursue claims of unfair dismissal and discrimination before the Employment Tribunal. In resisting an application to strike out his claim of unfair dismissal, the Claimant had … Continue reading Andruhovics v Sapient Ltd: EAT 18 May 2018
The complainant has requested information about Disability Equality Training undertaken by members of staff at the BBC. The BBC considered the request to be vexatious under section 14(1) of the FOIA. The Commissioner’s decision is that only part of the request is covered by the FOIA as some of the information relates to the BBC’s … Continue reading BBC (Decision Notice) FS50469109: ICO 24 Apr 2013
In a claim for sex discrimination by the police the court was asked whether the judge in the Central London County Court was right to overrule Mr Cary’s objection to a particular individual acting as an assessor on the ground that, for this type of case, an assessor is required to have specific experience and … Continue reading Cary v Commissioner of Police for The Metropolis Equality and Human Rights Commission: CA 17 Jul 2014
The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013
ICO The complainant has requested from the Oxford and Cherwell Valley College (the ‘College’) details relating to various courses including number and age breakdown of students on courses, minimum age requirements for courses, equality and diversity information, CCTV footage of students within the College and details as to interviews for A level courses that had … Continue reading Oxford and Cherwell Valley College (Decision Notice): ICO 19 Feb 2013
South African Constitutional Court – Sachs J said: ‘While recognising the unique worth of each person, the Constitution does not presuppose that a holder of rights is an isolated, lonely and abstract figure possessing a disembodied and socially disconnected self. It acknowledges that people live in their bodies, their communities, their cultures, their places and … Continue reading National Coalition for Gay and Lesbian Equality v Minister of Justice: 1999
Disability related discrimination DISABILITY DISCRIMINATION – Reasonable adjustments The Tribunal had erred in only one material respect by making the wrong comparison when comparing, in a reasonable adjustments claim, the impact of erratic payment of sick pay on the Claimant with its impact on others on sick leave for reasons other than mental health related … Continue reading Ishola v Transport for London (Disability Discrimination): EAT 16 Nov 2018
The appellants claimed housing benefit. They appealed against rejection of their claims that the imposition of limits to the maximum sums payable, ‘the bedroom tax’, was unlawful on equality grounds. The claimants either had disabilities, or lived with dependent family with disabilities, or live in what are known as ‘sanctuary scheme’ homes (accommodation specially adapted … Continue reading MA and Others, Regina (on The Application of) v The Secretary of State for Work and Pensions: SC 9 Nov 2016
Housing benefit regulations had been found unlawful and were amended. The Court now considered what payments should have been made before the amendments came into effect. Held: The appeal was allowed, and RR’s housing benefit entitlement is to be recalculated without making the under-occupancy deduction of 14%. There is nothing unconstitutional about a public authority, … Continue reading RR v Secretary of State for Work and Pensions: SC 13 Nov 2019
Did the London Borough of Barnet Council, as local planning authority, discharge the public sector equality duty in section 149 of the Equality Act 2010 when determining an application for planning permission for the development of a school on land that was once the Wyevale Garden Centre Citations: [2012] EWHC 3725 (Admin) Links: Bailii Jurisdiction: … Continue reading Coleman, Regina (on The Application of) v London Borough of Barnet Council and Another: Admn 21 Dec 2012
Supreme Court of British Columbia – [1] The plaintiffs have challenged the Criminal Code of Canada provisions prohibiting physician-assisted dying, relying on the Canadian Charter of Rights and Freedoms. In the Reasons for Judgment that follow, I describe the evidence and legal arguments that have led me to conclude that the plaintiffs succeed in their … Continue reading Carter v Canada (Attorney General): 15 Jun 2012
Middlesborough County Court. The claimants complained of a policy by the defendant bus company as to the use of wheelchair spaces on buses in that disabled users were not given absolute priority above buggy users. Held: The company were not guilty of unlawful discrimination. Judges: Bowers HHJ Citations: Unreported, 1 May 2013 Statutes: Equality Act … Continue reading Black and Others v Arriva North East Ltd: 1 May 2013
Application for permission to appeal against refusal of leave to bring judicial review of decision by the respondent to close the Independent Living Fund. Held: McCombe LJ summarised the application of section 149 of the 2010 Act: ‘1 . . equality duties are an integral and important part of the mechanisms for ensuring the fulfilment … Continue reading Bracking and Others v Secretary of State for Work and Pensions: CA 6 Nov 2013
The claimant had a minor hearing impairment. It was not of itself sufficient to amount to a disability in law, but the appellant took her off front line duties because of it. The CC now appealed a finding that it had breached the 2010 Act, saying that she was not in fact disabled. Held: The … Continue reading Chief Constable of Norfolk v Coffey: CA 21 Jun 2019
The claimants challenged as discriminatory the statutory requirement for landlords to verify the immigration status of potential tenants and land occupiers. Held: The challenge succeeded. Judges: Martin Spencer Citations: [2019] EWHC 452 (Admin) Links: Bailii Statutes: Human Rights Act 1998 4, Immigration Act 2014 20-37, European Convention on Human Rights 8 14, Equality Act 2010 … Continue reading Joint Council for The Welfare of Immigrants, Regina (on The Application of) v Secretary of State for The Home Department: Admn 1 Mar 2019
SEX DISCRIMINATION – Direct SEX DISCRIMINATION – Indirect RELIGION OR BELIEF DISCRIMINATION HARASSMENT The Appeal Tribunal dismissed appeals against findings that the Respondent had been subjected to direct sex discrimination and harassment. The Tribunal’s findings of fact were a sufficient basis for its conclusions on each of these claims. The Appeal Tribunal allowed the Appellant’s … Continue reading Gan Menachem Hendon Ltd v De Groen (Sex Discrimination : Religion or Belief Discrimination : Harassment): EAT 12 Feb 2019
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
Appeal from conviction for providing taxi service to disabled person only at additional expense. Citations: [2019] EWHC 365 (Admin) Links: Bailii Statutes: Equality Act 2010 165(7) Jurisdiction: England and Wales Transport, Crime, Discrimination Updated: 27 April 2022; Ref: scu.633799
Challenge to resettlement arrangements for population removed from Chagos Islands. Judges: Singh LJ, Carr J Citations: [2019] EWHC 221 (Admin), [2019] WLR(D) 85 Links: Bailii, WLRD Statutes: Equality Act 2010 149 Jurisdiction: England and Wales Human Rights, Constitutional Updated: 27 April 2022; Ref: scu.633412
Judges: Irwin, Hickinbottom LJJ, Sir Jack Beatson Citations: [2018] EWCA Civ 1925, [2018] WLR(D) 556 Links: Bailii, WLRD Statutes: National Health Service Act 2006 1 1C, Equality Act 2010 149(1) Jurisdiction: England and Wales Health Professions, Discrimination Updated: 26 April 2022; Ref: scu.621537
This appeal raises a short point of law concerning the temporal scope of a pay comparison in proceedings based on equal pay for work of equal value brought under the Equal Pay Act 1970. The Claimants sought arrears of pay dating back to 2002, comparing themselves with two comparators in post from that time and … Continue reading Reading Borough Council v James and Others: EAT 7 Jun 2018
EAT JURISDICTIONAL POINTS – Excluded employments The appeal is dismissed. The Tribunal decided that the Claimant was not in employment in the extended sense. That conclusion was reached not just on the basis that the Claimant was party to a ‘group contract’ but on all the circumstances relevant to the issue. The main plank on … Continue reading Gunny v Great Ormond Street Hospital for Children NHS Foundation Trust and Others: EAT 28 Feb 2018
DISABILITY DISCRIMINATION – Justification DISABILITY DISCRIMINATION – Burden of proof The Respondent employer appealed against a decision of the Employment Tribunal (‘ET’) that the Respondent has discriminated against the Claimant on grounds of her disability, contrary to section 15 of the Equality Act 2010. The Employment Appeal Tribunal (‘EAT’) dismissed the appeal. The EAT held … Continue reading DL Insurance Services Ltd v O”Connor: EAT 23 Feb 2018
EAT SEX DISCRIMINATION – Pregnancy and discrimination SEX DISCRIMINATION – Burden of proof Pregnancy discrimination – section 18 Equality Act 2010 Burden of proof – section 136 Equality Act 2010 The Claimant had notified the Respondent of her pregnancy shortly before a management restructure was announced that put her position at risk of redundancy. The … Continue reading Serco Leisure Operating Ltd v Lau: EAT 3 Apr 2018
DISABILITY DISCRIMINATION – Section 15 Discrimination due to unfavourable treatment because of something arising in consequence of disability – proportionate means of achieving a legitimate aim – section 15 Equality Act 2010 The Claimant was a doctor employed by the four partners of a small GP’s practice. Having been signed off work on long-term sickness … Continue reading Ali v Torrosian and Others (T/A Bedford Hill Family Practice): EAT 2 May 2018
DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL – Constructive dismissal Disability discrimination – reasonable adjustments – sections 20 and 21 Equality Act 2010 Unfair dismissal – constructive dismissal – section 95 Employment Rights Act 1996 The Claimant, who had been employed by the Respondent as a Probation Service Officer (‘PSO’) from April 1999, was a … Continue reading Simpson v Secretary of State for Justice: EAT 29 Mar 2018
Harassment – Purpose – Religion or Belief Discrimination – Where the same facts are relied upon for a claim of direct discrimination on grounds of religious belief or race and a claim of harassment for conduct related to those protected characteristics, an Employment Tribunal does not err in determining the harassment claim if they rely … Continue reading Bakkali v Greater Manchester Buses (South) Ltd (T/A Stage Coach Manchester): EAT 10 May 2018
Equal Pay Act – Sex Discrimination – Indirect The Claimant claimed indirect sex discrimination under provisions in the Respondent Police Force in that the only option for men taking leave after the birth of their child is shared parental leave (‘SPL’) at the statutory rate of pay whereas women have the option of taking maternity … Continue reading Hextall v Leicestershire Police: EAT 1 May 2018
DISABILITY DISCRIMINATION – Direct disability discrimination -Reasonable adjustments – Justification – direct discrimination (section 13 Equality Act 2010) – indirect discrimination (section 19) – failure to make reasonable adjustments (sections 20 and 21) – justification The Claimant who was disabled by reason of having undergone double below-knee amputations and suffering from type 2 diabetes and … Continue reading Owen v Amec Foster Wheeler Energy Ltd and Others: EAT 23 Feb 2018
The claimant’s son had been one of six soldiers of the Royal Military police to have been murdered by an armed mob attacking a police station in Iraq in 2003. The said that their deaths had not been properly or sufficiently investigated. The corone had requested the police to investigate whether there had been any … Continue reading Long, Regina (on The Application of) v Secretary of State for Defence: Admn 15 Jul 2014
(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
EAT Race Discrimination – Inferring Discrimination – JURISDICTIONAL POINTS – Extension of time: just and equitable UNFAIR DISMISSAL – Reasonableness of dismissal The Claimant was employed by the Trust as a consultant surgeon. He was the only black African consultant employed by the Trust. After concerns were raised about his practice, he was restricted to … Continue reading City Hospitals Sunderland NHS Foundation Trust v Iwuchukwu and Another: EAT 26 Apr 2018
Jurisdictional Points – Claim In Time and Effect Date of Termination – – Application/claim – Preliminary issues The statutory provisions in the Employment Rights Act 1996, the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 and the Equality Act 2010, which operate to extend time limits to facilitate conciliation before the institution of … Continue reading Luton Borough Council v Haque: EAT 12 Apr 2018
PRACTICE AND PROCEDURE – Amendment The Appellant had issued an ET1 including a claim under section 15 Equality Act 2010. He applied out of time to add a claim under section 13 Equality Act 2010, contending that it raised no new facts or matters and thus was a mere relabelling exercise (Selkent). The Employment Judge … Continue reading Reuters Ltd v Cole: EAT 16 Feb 2018
Sex Discrimination – SEX DISCRIMINATION – Indirect VICTIMISATION DISCRIMINATION – Detriment A father who wished to take shared parental leave so that his wife could go back to work claimed direct sex discrimination in not being entitled to pay at the higher maternity pay rate for 12 weeks after the 2 weeks compulsory maternity leave … Continue reading Capita Customer Management Ltd v Ali: EAT 11 Apr 2018
Judges: Laws, Tomlinson, Kitchin LJJ Citations: [2012] EWCA Civ 37 Links: Bailii Statutes: Equality Act 2010 Jurisdiction: England and Wales Citing: Appeal from – Burke v The College of Law and Another EAT 8-Mar-2011 DISABILITY DISCRIMINATION – Reasonable adjustments The Claimant was disabled and requested additional adjustments relating to his taking the Legal Practice Course … Continue reading Burke v The College of Law and Another: CA 3 Feb 2012
Citations: [2018] EWCA Civ 640, [2018] WLR(D) 197 Links: Bailii, WLRD Statutes: Equality Act 2010 123 Jurisdiction: England and Wales Employment, Discrimination Updated: 07 April 2022; Ref: scu.608337
EAT Disability Discrimination – Reasonable Adjustments – The Claimant was training to be a Consultant Anaesthetist until she developed a latex allergy in October 2013; that condition was a disability for the purposes of Equality Act 2010. After meetings and enquiries, the First Appellant (the NHS body responsible for training) informed her in November 2014 … Continue reading County Durham and Darlington NHS Foundation Trust v Jackson and Another: EAT 2 Mar 2018
EAT MATERNITY RIGHTS AND PARENTAL LEAVE – Unfair dismissal SEX DISCRIMINATION – Pregnancy and discrimination SEX DISCRIMINATION – Burden of proof Automatic unfair dismissal by reason of pregnancy – section 99 Employment Rights Act 1996 and regulation 20 Maternity and Parental Leave etc Regulations 1999 Pregnancy discrimination – section 18 Equality Act 2010 Burden of … Continue reading Really Easy Car Credit Ltd v Thompson: EAT 3 Jan 2018
The claimants, adult men of the Muslim faith detained at an immigration removal centre claimed that the conditions and regime interfered with their required religious observance as, they say, devout Muslims, and that the conditions and regime had a differential and discriminatory impact upon them as Muslims, not experienced by those of other faiths or … Continue reading Hussein v Secretary of State for The Home Department and Another: Admn 1 Feb 2018
EAT UNFAIR DISMISSAL ; Reason for POLKEY DEDUCTION EQUALITY ACT 2010 CLAIMS – SECTION 20 REASONABLE ADJUSTMENTS SECTION 13 DIRECT DISABILITY DISCRIMINATION AND SECTION 15 DISCRIMINATION ARISING FROM DISABILITY The claimant was employed for almost 37 years by the respondents, his parents, who were partners in a joinery and funeral director enterprise. He was dismissed … Continue reading Anderson v Anderson and Others: EAT 12 Jul 2017
EAT TRANSFER OF UNDERTAKINGS – Insolvency RIGHTS ON INSOLVENCY Two short questions of construction arise in an employer insolvency context concerning rights of employees to arrears of pay under Part XII ERA 1996. The first is whether a claim for equal pay arrears is a claim for ‘arrears of pay’, and in circumstances where the … Continue reading Graysons Restaurants Ltd v Jones and Others: EAT 7 Nov 2017
EAT RACE DISCRIMINATION – Direct RACE DISCRIMINATION – Burden of proof Direct race discrimination – burden of proof – section 136 Equality Act 2010 – whether the Employment Tribunal had wrongly imported the first stage test into its scrutiny of the Respondent’s explanation at the second stage – whether it had, in any event, subjected … Continue reading Kumar v DHL Services Ltd: EAT 8 Sep 2017
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal Procedure – Rule 9 of the Tribunal Procedure Rules 2013 – Equal Pay Claims – Inclusion of Claims by Two or More Claimants On the Same Claim Form – Whether Irregular – Whether Discretion to Strike out – Whether Appropriate to Exercise Discretion to Strike Out Claims or Waive … Continue reading Farmah v Birmingham City Council (1): EAT 20 Jun 2017
EAT PRACTICE AND PROCEDURE – Amendment Although the Claimant had apparently considered he might have been subjected to detriment and subsequently dismissed for making protected disclosures, when he lodged his ET claim he did not include such a claim but made complaints of unfair dismissal (under section 98 Employment Rights Act 1996) and unlawful race … Continue reading A B Conteh v First Security (Guards) Ltd: EAT 11 Sep 2017
Procedure – Rule 9 of the Tribunal Procedure Rules 2013 – Equal Pay Claims – Inclusion of Claims by Two or More Claimants On the Same Claim Form – Whether Irregular – Whether Discretion to Strike out – Whether Appropriate to Exercise Discretion to Strike Out Claims or Waive Any Irregularity These five appeals concerned … Continue reading Farmah v Birmingham City Council (2): EAT 20 Jun 2017
Challenge to housing policy as discriminatory against Irish travellers or Kurdish refugees. Judges: Underhill VP, Lewison, King LJ Citations: [2019] EWCA Civ 692, [2019] WLR(D) 244, [2019] PTSR 1738 Links: Bailii, WLRD Statutes: Housing Act 1996 166A, Children Act 2004 11(2), Equality Act 2010 19 29 149 Jurisdiction: England and Wales Citing: Appeal from – … Continue reading Ward and Others, Regina (on The Application of) v The London Borough of Hillingdon and Others: CA 16 Apr 2019
EAT RACE DISCRIMINATION – Direct RACE DISCRIMINATION – Burden of proof
EQUAL PAY ACT – Article 141/European law EQUAL PAY ACT – Equal value EQUAL PAY ACT – Other establishments 1. Although the point is not acte clair, the better view is that article 157 of the Treaty on the Functioning of the European Union is directly effective in a claim founded on equal pay for … Continue reading Asda Stores Ltd v Brierley and Others (Equal Pay Act): EAT 31 Aug 2017
EAT PRACTICE AND PROCEDURE – Imposition of deposit Deposit Order – Rule 39 Employment Tribunal Rules 2013 The Claimant had pursued claims of disability discrimination under sections 13 (direct discrimination) and 15 (discrimination because of something arising in consequence of disability) Equality Act 2010 (‘EqA’). At a Preliminary Hearing listed to determine time limit issues, … Continue reading Tree v South East Coastal Ambulance Service NHS Foundation Trust: EAT 4 Jul 2017
EAT DISABILITY DISCRIMINATION – Disability Disability discrimination – definition of disability – section 6 Equality Act 2010 (‘EqA’) The Claimant, who was pursuing a complaint of disability discrimination, claimed that he met the definition of a disabled person for the purposes of section 6 EqA by reason of what he contended were the long-term substantial … Continue reading The Guinness Partnership v Szymoniak (Disability Discrimination): EAT 10 Jul 2017
EAT Jurisdictional Points : Working Outside The Jurisdiction – The Claimant was a UK appointed employee of the British Council, the Respondent, working abroad; he was ‘truly expatriate’ and he was not a civil servant. He was, however, employed under a contract of employment which expressly incorporated English law, entitled him to a Civil Service … Continue reading Jeffery v The British Council: EAT 25 Aug 2016
(Religion or Belief Discrimination) The Employment Tribunal did not err in dismissing claims that the application of the Respondent’s Disciplinary and Equality of Treatment Policies, the first and second Provisions, Criteria or Practices, to the Claimant, a Pentecostal Christian, for quoting in a service in a prison holding a large number of sex offenders a … Continue reading Trayhorn v The Secretary of State For Justice: EAT 1 Aug 2017
EAT Race Discrimination – Direct – Burden of proof The Employment Appeal Tribunal (‘the EAT’) allowed an appeal from the Employment Tribunal (‘the ET’). The Claimant claimed that the Respondent discriminated against him because of his race in rejecting job applications which he made. The EAT held that the ET had misdirected themselves about the … Continue reading Efobi v Royal Mail Group Ltd: EAT 10 Aug 2017
PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity < PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke In the first appeal (UKEAT/0167/15/LA), the Appellant, the NHS Trust Development Authority (‘TDA’), complained that the Employment Tribunal (‘ET’) had reached conclusions which were not supported by the evidence or were arrived at by inferential conclusions, which could not … Continue reading NHS Trust Development Authority (NHS TDA) v Saiger and Others (Practice and Procedure): EAT 17 Jul 2017
PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke In the first appeal (UKEAT/0167/15/LA), the Appellant, the NHS Trust Development Authority (‘TDA’), complained that the Employment Tribunal (‘ET’) had reached conclusions which were not supported by the evidence or were arrived at by inferential conclusions, which could not be … Continue reading North Cumbria University Hospitals NHS Trust v Saiger and Others (Practice and Procedure): EAT 17 Jul 2017
EAT DISABILITY DISCRIMINATION – Section 15 DISABILITY DISCRIMINATION – Reasonable adjustments UNFAIR DISMISSAL -Reasonableness of dismissal Disability discrimination – discrimination by means of unfavourable treatment because of something arising in consequence of disability – section 15 Equality Act 2010 Disability discrimination – discrimination by means of a failure to comply with a duty to make … Continue reading Birmingham City Council v Lawrence (Disability Discrimination): EAT 2 Jun 2017
ECJ (Judgment) Reference for a preliminary ruling – Article 143 TFEU – Difficulties in the balance of payments of a Member State – Financial assistance from the European Union – Memorandum of understanding between the European Union and the beneficiary Member State – Social policy – Principle of Equality of treatment – National legislation prohibiting … Continue reading Florescu and Others: ECJ 13 Jun 2017
The appellant challenged the finding of discrimination Judges: Gloster VPCA, Underhill LJJ, Sir Patrick Elias Citations: [2017] EWCA Civ 425 Links: Bailii Statutes: Equality Act 2010 13(1) Jurisdiction: England and Wales Employment, Discrimination Updated: 27 March 2022; Ref: scu.588200
W appealed against a financial remedies award achieving equality between herself and H. The marriage had not been a long one and they had no children. W challenged the imposition of an equal sharing principle. Held: W’s appeal succeeded. Section 25 required the court in every case to look at all the circumstances, and the … Continue reading Sharp v Sharp: CA 13 Jun 2017
(Judgment) Institutional law – European citizens’ initiative – Transatlantic trade and investment partnership – Comprehensive Economic and Trade Agreement – Manifest defect of Commission powers – Proposal for a legal act for the application of the Treaties – Article 11 (1) 4, TEU – Article 2 (1) and Article 4 (2) (b) of Regulation (EU) … Continue reading Efler and Others v Commission: ECFI 10 May 2017
EAT Victimisation Discrimination : Detriment – – Other forms of victimisation The Appellant had brought a successful race discrimination claim against her employer, the First Respondent, in 2007. In 2011 she raised a grievance against two colleagues. The Second Respondent (the First Respondent’s Human Resources Director) decided to intervene in the grievance in part because … Continue reading Lyfar-Cisse v Brighton and Sussex University Hospitals NHS Trust and Another: EAT 2 Mar 2017
EAT Unfair Dismissal: Constructive Dismissal – RACE DISCRIMINATION – Direct UNLAWFUL DEDUCTION FROM WAGES Constructive dismissal – section 95(1)(c) Employment Rights Act 1996 – whether breach of the implied term – Malik and Anor v BCCI SA [1997] ICR 606 HL Race discrimination – sections 13(1), 23 and 136(2) Equality Act 2010 – direct discrimination … Continue reading Sharfudeen v T J Morris Ltd T/A Home Bargains: EAT 3 Mar 2017
EAT Sex Discrimination: Direct – Pregnancy and discrimination In respect of a single finding of unfavourable treatment because of absence on maternity leave under section 18(4) Equality Act 2010, the Employment Tribunal did not apply the correct legal test, wrongly treating the case as a ‘criterion’ type case rather than a ‘reasons why’ type case: … Continue reading Interserve Fm Ltd v Tuleikyte: EAT 14 Mar 2017
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
EAT Disability Discrimination: Disability Related Discrimination – Direct disability discrimination – Reasonable adjustments – Justification The Claimant brought four claims under the Equality Act 2010 before the Employment Tribunal: direct disability discrimination, indirect disability discrimination, failure to make reasonable adjustments and discrimination arising from disability. The only finding in the Judgment as distinct from the … Continue reading Kingsmoor Packaging Ltd v Fytche: EAT 8 Dec 2016
EAT (Practice and Procedure : Appellate Jurisdiction/Reasons/Burns-Barke) JURISDICTIONAL POINTS – Worker, employee or neither The Claimant was an interpreter, who from 2007 provided services directly to Police and Courts. Then the authorities engaged interpreters through intermediaries – initially ALS, then Capita. The Claimant had no contract with the end-users of her services. She claimed holiday … Continue reading Chet v Capita Translation and Interpreting Ltd: EAT 24 Jul 2015
EAT Jurisdictional points and territorial scope. Working outside the jurisdiction. Unfair dismissal, discrimination, Working Time Regulations, and breach of contract. The claimant was a mariner who worked off shore Nigeria. He lived in Germany. His employer was a limited company registered in Scotland and operating from Aberdeen. The Employment Tribunal (ET) did not err in … Continue reading Wittenberg v Sunset Personnel Services Ltd and Others: EAT 31 Jan 2017
EAT Practice and Procedure: Estoppel or Abuse of Process – DISABILITY DISCRIMINATION – Reasonable adjustments DISABILITY DISCRIMINATION – Section 15 HARASSMENT DISABILITY DISCRIMINATION – Exclusions/jurisdictions UNFAIR DISMISSAL – Reasonableness of dismissal Practice and procedure – estoppel; disability discrimination reasonable adjustments (sections 20 and 21 Equality Act 2010); discrimination arising from the consequences of disability (section … Continue reading London Borough of Haringey v O’Brien: EAT 22 Dec 2016
EAT Unfair Dismissal : Mitigation of Loss – DISCRIMINATION: JURISDICTIONAL POINTS: Extension of time: just and equitable In a case where the claimant had succeeded in a claim of constructive unfair dismissal, the Employment Tribunal erred in its approach to mitigation of loss. The judgment contained no acknowledgment of where the onus of proof lay. … Continue reading Donald v AVC Media Enterprises Ltd: EAT 9 Nov 2016
EAT (Disability Discrimination: Disability) The appeal was allowed and the case remitted for rehearing. The findings made by the Employment Judge were not supported by the medical evidence and the issue of whether the Appellant was suffering from a progressive condition, and therefore should be deemed under paragraph 8(2) of Schedule 1 to the Equality … Continue reading Taylor v Ladbrokes Betting and Gaming Ltd: EAT 16 Dec 2016
Impact of the Public Sector Equality Duty Judges: McCombe, Beatson, Briggs LJJ Citations: [2017] EWCA Civ 4, [2017] WLR(D) 21 Links: Bailii, WLRD Jurisdiction: England and Wales Housing Updated: 28 January 2022; Ref: scu.573278
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
