Search Results for: Equality Act 2010

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Kingsmoor Packaging Ltd v Fytche: EAT 8 Dec 2016

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

Chet v Capita Translation and Interpreting Ltd: EAT 24 Jul 2015

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

Wittenberg v Sunset Personnel Services Ltd and Others: EAT 31 Jan 2017

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

London Borough of Haringey v O’Brien: EAT 22 Dec 2016

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

Donald v AVC Media Enterprises Ltd: EAT 9 Nov 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

Taylor v Ladbrokes Betting and Gaming Ltd: EAT 16 Dec 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

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

Chief Constable of Sussex Police v Millard (Disability Discrimination : Disability): EAT 22 Feb 2016

EAT DISABILITY DISCRIMINATION – Disability Disabled person – section 6 Equality Act 2010 At a Preliminary Hearing, the ET had held that the Claimant was at all material times a disabled person within the meaning of section 6 of the Equality Act 2010. On the Respondent’s appeal and the parties having agreed terms of a … Continue reading Chief Constable of Sussex Police v Millard (Disability Discrimination : Disability): EAT 22 Feb 2016

Ahir v British Airways Plc: EAT 15 Apr 2016

EAT Practice and Procedure: Striking-Out/Dismissal – The Claimant – employed by the Respondent on a fixed-term basis in an airside ground staff capacity – had complained that his dismissal had been an act of victimisation contrary to section 27 Equality Act 2010 (in respect of previous complaints against the Respondent and a more recent complaint … Continue reading Ahir v British Airways Plc: EAT 15 Apr 2016

Essex County Council v Jarrett (Race Discrimination): EAT 4 Nov 2015

EAT RACE DISCRIMINATION – Comparison An Employment Tribunal considered 28 matters said to amount to acts of race discrimination, arising in relation to the employment of the Claimant as a solicitor for the Defendant council. In respect of each it asked if it had caused a detriment, but did not enquire if it was an … Continue reading Essex County Council v Jarrett (Race Discrimination): EAT 4 Nov 2015

Donkor v The Royal Bank of Scotland (Age Discrimination) (Rev 1): EAT 16 Oct 2015

EAT Equality Act 2010 sections 5, 13(1) and (2), 23 and 39(2)(d) Direct age discrimination – different treatment of those aged over 50. Held: Allowing the appeal. (1) The ET had erred in its approach to the question of comparison; wrongly relying on the differences attributable to the ages of the Claimant and his comparators … Continue reading Donkor v The Royal Bank of Scotland (Age Discrimination) (Rev 1): EAT 16 Oct 2015

Kelly v Covance Laboratories Ltd (Race Discrimination: Direct): EAT 20 Oct 2015

EAT HARASSMENT – Conduct HARASSMENT – Purpose Equality Act 2010 sections 13(1), 23 and 26 In circumstances in which the Claimant had been instructed not to speak Russian in the workplace, had the Employment Tribunal erred in dismissing her claims of direct race (national origins) discrimination and/or harassment related to her race (national origins)? Held: … Continue reading Kelly v Covance Laboratories Ltd (Race Discrimination: Direct): EAT 20 Oct 2015

London Borough of Wandsworth v CRW: EAT 7 Mar 2016

EAT Race Discrimination: Direct – UNFAIR DISMISSAL – Automatically unfair reasons UNFAIR DISMISSAL – Reason for dismissal including substantial other reason Direct race discrimination – sections 13 and 136 Equality Act 2010; automatic unfair dismissal – section 103A Employment Rights Act 1996; unfair dismissal – section 98 Employment Rights Act 1996 The Claimant – a … Continue reading London Borough of Wandsworth v CRW: EAT 7 Mar 2016

Risby v London Borough of Waltham Forest: EAT 18 Mar 2016

EAT Unfair Dismissal: Reasonableness of Dismissal – DISABILITY DISCRIMINATION – Whether the Employment Tribunal, in requiring direct connection to be established between disability and conduct which led to dismissal misinterpreted section 15 Equality Act 2010 and so to conclude that dismissal was not unfair. Appeal allowed – remitted to the Employment Tribunal for redetermination. Mitting … Continue reading Risby v London Borough of Waltham Forest: EAT 18 Mar 2016

The Secretary of State for The Department of Work and Pensions v Iqbal: EAT 8 Feb 2016

EAT Jurisdictional Points: Worker, Employee or Neither – Extension of time: just and equitable – The Claimant brought claims under the Equality Act 2010 of indirect disability discrimination and failure to make reasonable adjustments based on the employers’ insistence that he work full-time until 24 April 2012 when they allowed him to work part-time. He … Continue reading The Secretary of State for The Department of Work and Pensions v Iqbal: EAT 8 Feb 2016

R v W: EAT 27 Jan 2016

Practice and Procedure: Appellate Jurisdiction/Reasons/Burns-Barke – PRACTICE AND PROCEDURE – Perversity PRACTICE AND PROCEDURE – Disposal of appeal including remission UNFAIR DISMISSAL – Constructive dismissal DISABILITY DISCRIMINATION – Reasonable adjustments Bias – perversity – inadequacy of reasons Incorrect approach to disability discrimination/reasonable adjustments claim under sections 20 and 21 Equality Act 2010 and in approach … Continue reading R v W: EAT 27 Jan 2016

Smith v Gartner UK Ltd: EAT 8 Mar 2016

EAT (Practice and Procedure: Striking-Out/Dismissal) UNLAWFUL DEDUCTION FROM WAGES AGE DISCRIMINATION The ET struck out the Claimant’s claims of unauthorised deductions and age discrimination after receiving written submissions from the parties. Specifically, it found the Respondent’s only contractual obligation was to provide an insured long-term disability scheme, the benefits to be provided by the insurer … Continue reading Smith v Gartner UK Ltd: EAT 8 Mar 2016

Abertawe Bro Morgannwg University v Morgan: EAT 8 Mar 2016

EAT (Jurisdictional Points: Extension of Time: Just and Equitable) The Employment Tribunal found that the Appellant employer had failed to make reasonable adjustments in relation to re-deploying the Claimant employee between April and August 2011 and that the Claimant’s claim in respect thereof was well founded. They also found that time for that claim began … Continue reading Abertawe Bro Morgannwg University v Morgan: EAT 8 Mar 2016

Stojsavljevic and Another v DPD Group UK Ltd (Employee, Worker or Self Employed): EAT 21 Dec 2021

All grounds of appeal would be dismissed. The Tribunal had correctly analysed the contractual obligations between the parties, consistent with the principles set out in Autoclenz Ltd v Belcher and others [2011] ICR 1157, SC and in Uber B.V. and others v Aslam and others [2021] UKSC 5 (albeit that the latter had not been … Continue reading Stojsavljevic and Another v DPD Group UK Ltd (Employee, Worker or Self Employed): EAT 21 Dec 2021

Wittenberg v Sunset Personnel Services Ltd and Others: EAT 21 Nov 2013

Jurisdictional Points : Working Outside The Jurisdiction – Identity of employer: the claimant had a contract dated 1998 with a company, said no longer to exist. The respondents admitted that he was employed but there was a dispute by whom. The ET found that he was employed by the fourth respondent. It was argued by … Continue reading Wittenberg v Sunset Personnel Services Ltd and Others: EAT 21 Nov 2013

Fraser v Crown Prosecution Service: EAT 16 Jan 2013

EAT Disability Discrimination – PRACTICE AND PROCEDURE – Review The CPS appealed against the Employment Tribunal’s decision, on review, to revoke their earlier remedy judgment, made in the absence of the Claimant, and to order a new remedy hearing. In addition to the importance of the finality of litigation, the ET were found to have … Continue reading Fraser v Crown Prosecution Service: EAT 16 Jan 2013

Fenn (T/A Powercutz) v Schreeve (Jurisdictional Points: Continuity of Employment): EAT 2 Oct 2015

JURISDICTIONAL POINTS – Claim in time and effective date of termination DISABILITY DISCRIMINATION – Direct disability discrimination PRACTICE AND PROCEDURE – Costs Equality Act 2010 limitation. No express finding by the Employment Tribunal on a late point raised by the Respondent below. However, it is plain that there was a ‘continuing act’ which rendered all … Continue reading Fenn (T/A Powercutz) v Schreeve (Jurisdictional Points: Continuity of Employment): EAT 2 Oct 2015

Muzi-Mabaso v HM Revenue and Customs: EAT 13 Nov 2015

EAT Disability Discrimination – Reasonable adjustments – Justification – PRACTICE AND PROCEDURE – Costs Disability Discrimination – Indirect Discrimination (section 19 Equality Act 2010) – Discrimination by Reasons of a Failure to Make Reasonable Adjustments (sections 20 and 21) The Claimant made complaints of indirect disability discrimination and discrimination by reason of a failure to … Continue reading Muzi-Mabaso v HM Revenue and Customs: EAT 13 Nov 2015

Kelso v Department for Work and Pensions: EAT 29 Oct 2015

EAT Practice and Procedure : Amendment 1 The Employment Tribunal (ET) struck out a claim under the Equality Act 2010 section 15 as having no reasonable prospects of success. It found that there were no pleadings from which it could be found that the unfavourable act complained of, namely dismissal, amounted to the respondent treating … Continue reading Kelso v Department for Work and Pensions: EAT 29 Oct 2015

Cordant Security Ltd v Singh and Another: EAT 27 Oct 2015

EAT Race Discrimination : Direct – RACE DISCRIMINATION – Detriment Discrimination on grounds of race – Subjecting an employee to a detriment – Failure to investigate allegation of misconduct – Less favourable treatment on grounds of race – Allegation fabricated – Whether capable of amounting to a detriment The Appellant company employed the First Respondent … Continue reading Cordant Security Ltd v Singh and Another: EAT 27 Oct 2015

Monmouthshire County Council v Harris: EAT 23 Oct 2015

EAT Disability Discrimination: Section 15 – DISABILITY DISCRIMINATION – Compensation UNFAIR DISMISSAL – Reasonableness of dismissal UNFAIR DISMISSAL – Polkey deduction Unfair Dismissal – Section 98 Employment Rights Act 1996 (‘ERA’) Disability Discrimination – discrimination arising from disability – section 15 Equality Act 2010 (‘EqA’) The Employment Tribunal (‘ET’) having found that the Claimant had … Continue reading Monmouthshire County Council v Harris: EAT 23 Oct 2015

EAD Solicitors Llp and 7 Others v Abrams: EAT 5 Jun 2015

EAT Age Discrimination – Can a corporate body which is a member of an LLP claim to have suffered detriment because of the protected characteristic of an individual who happened to be its principal shareholder and member? An Employment Judge’s affirmative answer to this question was correct, and arguments that because only an individual could … Continue reading EAD Solicitors Llp and 7 Others v Abrams: EAT 5 Jun 2015

Rajaratnan v Care UK Clinical Services Ltd: EAT 2 Jul 2015

EAT Sex Discrimination: Indirect PART TIME WORKERS – PRACTICE AND PROCEDURE – Costs Indirect Sex Discrimination – Equality Act 2010 section 19 On the indirect sex discrimination claim it was agreed that the Employment Tribunal (‘the ET’) erred in the identification of the pool for comparison. To that extent the appeal would be allowed. Applying … Continue reading Rajaratnan v Care UK Clinical Services Ltd: EAT 2 Jul 2015

Rochford v WNS Global Services (UK) Ltd and Others: EAT 24 Sep 2015

EAT Unfair Dismissal: Reason for Dismissal Including Substantial Other Reason – DISABILITY DISCRIMINATION – Disability related discrimination – CONTRACT OF EMPLOYMENT – Wrongful dismissal The Employment Tribunal was entitled to find that the Claimant’s dismissal, albeit procedurally unfair, was substantively fair by reason of his misconduct, notwithstanding a separate finding that his demotion constituted discrimination … Continue reading Rochford v WNS Global Services (UK) Ltd and Others: EAT 24 Sep 2015

Ford Motor Company Ltd v Elliott and Others: EAT 24 Sep 2015

EAT AGE DISCRIMINATION – On a Preliminary Hearing to determine whether the Employment Tribunal has jurisdiction to hear age discrimination claims by pensioners that they were not paid lump sums in respect of a change in the basis for pension increases which were made to current employees, the Employment Judge failed to consider whether the … Continue reading Ford Motor Company Ltd v Elliott and Others: EAT 24 Sep 2015

Bolton St Catherine’s Academy v O’Brien: EAT 18 Sep 2015

EAT Unfair Dismissal : Reasonableness of Dismissal DISABILITY DISCRIMINATION – Direct disability discrimination 1. The Respondent is a publicly funded independent school with approximately 1,200 pupils aged eight to 18 and is successor to a school administered by the local authority. The academy is what might be regarded as an ‘urban’ school. Its catchment area … Continue reading Bolton St Catherine’s Academy v O’Brien: EAT 18 Sep 2015

Basildon and Thurrock NHS Foundation Trust v Weerasinghe: EAT 29 Jul 2015

EAT Disability Discrimination: Section 15 – An Employment Tribunal held that the Claimant, a Consultant Cardiothoracic Surgeon, had a serious lung condition which fluctuated in its effect on his day-to-day abilities. He was able to attend interviews for another job in Cork, and courses on the continent, despite being on sick leave and in receipt … Continue reading Basildon and Thurrock NHS Foundation Trust v Weerasinghe: EAT 29 Jul 2015

The Basildon Academies Trust v Polius-Curran: EAT 23 Jun 2015

EAT Race Discrimination : Continuing Act – JURISDICTIONAL POINTS – Extension of time: just and equitable RACE DISCRIMINATION – Direct Limitation – whether a continuing act – whether just and equitable to extend time. Substantively, the Employment Tribunal failed to consider the Respondent’s explanation at Stage 2 of Igen v Wong. Employer’s appeal allowed. Case … Continue reading The Basildon Academies Trust v Polius-Curran: EAT 23 Jun 2015

T-Systems Ltd v Lewis: EAT 22 May 2015

Disability Discrimination: Disability Related Discrimination The Respondent was introducing a new shift pattern and seeking volunteers for redundancy. It was concerned whether by reason of the Claimant’s type 1 diabetes she was fit to work the new shift pattern and had commissioned a report on this question. The Claimant was unable to decide whether to … Continue reading T-Systems Ltd v Lewis: EAT 22 May 2015

Agbakoko v Allied Bakeries: EAT 5 Jun 2015

EAT Disability Discrimination : Disability – Direct disability discrimination – UNFAIR DISMISSAL – Reason for dismissal including substantial other reason Two points were permitted to proceed to this Full Hearing: (1) The Employment Tribunal sought to draw a distinction between ‘perceived’ and ‘suspected’ disability. That was unhelpful. However, the Employment Tribunal’s answer to the ‘reason … Continue reading Agbakoko v Allied Bakeries: EAT 5 Jun 2015

Ministry of Defence v Holloway and Others (Jurisdictional Points): EAT 28 Jul 2015

EAT JURISDICTIONAL POINTS By a Treaty of 1960, the UK constituted the island of Cyprus an independent state, but retained two areas of the Island as military base areas (the Sovereign Base Areas – ‘SBAs’). Civilians who were dependents of service personnel or civil servants accompanying the Armed Forces in the SBAs engaged while in … Continue reading Ministry of Defence v Holloway and Others (Jurisdictional Points): EAT 28 Jul 2015

Harden v Wootlif and Another: EAT 15 Apr 2015

EAT Jurisdictional Points : Extension of Time: Just and Equitable – The Claimant brought various claims against his employer, the First Respondent, including direct discrimination and harassment on grounds of religious belief and detriment for making a protected disclosure. He brought one claim, harassment, against the Chairman of the First Respondent, the Second Respondent. The … Continue reading Harden v Wootlif and Another: EAT 15 Apr 2015

Hunt v North Somerset Council: SC 22 Jul 2015

The appellant had sought judicial review of a decision of the respondent to approve a Revenue Budget for 2012/13 as to the provision of youth services. He applied for declarations that the respondent had failed to comply with section 149 of the Equality Act 2010 and section 507B of the Education Act 1996 and for … Continue reading Hunt v North Somerset Council: SC 22 Jul 2015

Secretary of State for Justice v Prospere: EAT 30 Apr 2015

EAT Disability Discrimination: Reasonable Adjustments – Section 15 The Employment Tribunal erred in failing to decide the disability discrimination and reasonable adjustments claims on the basis of the Provision, Criterion or Practice which it identified in the list of issues. Further, the Employment Tribunal erred in failing to make the necessary findings of fact or … Continue reading Secretary of State for Justice v Prospere: EAT 30 Apr 2015

May v Secretary of State for Transport: EAT 22 Jun 2015

EAT Disability Discrimination: Disability – The Claimant claimed to have been disabled by reason of suffering cognitive impairment and memory loss. The medical evidence was at best equivocal and evidence from lay witnesses was conflicting. The Employment Tribunal had given itself a proper direction as to the law, and was not satisfied that the Claimant … Continue reading May v Secretary of State for Transport: EAT 22 Jun 2015

Suhail v Barking Havering and Redbridge University Hospitals and Another: EAT 11 Jun 2015

EAT Jurisdictional Points: Worker, Employee or Neither – Whether a GP, whose services were provided to the Trust through a Cooperative, was a worker under section 230(3)(b) Employment Rights Act 1996. The Employment Tribunal was entitled to find that he was not. Whether the Claimant had abandoned an argument that he was a worker under … Continue reading Suhail v Barking Havering and Redbridge University Hospitals and Another: EAT 11 Jun 2015

CP Regents Park Two Ltd v Ilyas: EAT 16 Jun 2015

EAT Race Discrimination: Direct – Race discrimination – direct (section 13(1) Equality Act 2010) The Employment Tribunal (‘the ET’) had upheld the Claimant’s claims of direct race discrimination in respect of: (1) the manner of his investigation meeting; and (2) the referral of the Claimant to the disciplinary process. On the Respondent’s appeal, allowing the … Continue reading CP Regents Park Two Ltd v Ilyas: EAT 16 Jun 2015

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

Swansea University Pension and Assurance Scheme (The Trustees of) and Another v Williams (Disability Discrimination: Justification): EAT 21 Jul 2015

EAT DISABILITY DISCRIMINATION – Justification; Disability Related Discrimination The Claimant accepted ill-health retirement at 38, because his disabilities were such that he could no longer continue in post. He was entitled to a pension calculated as if he had worked on until retirement age, which was to be paid immediately upon retirement and without actuarial … Continue reading Swansea University Pension and Assurance Scheme (The Trustees of) and Another v Williams (Disability Discrimination: Justification): EAT 21 Jul 2015

Williams v Swansea University Pension and Assurance Scheme Swansea University: CA 14 Jul 2017

The claimant argued that the pension scheme of his defendant former employers was discriminatory. As a final salary scheme he would receive a lower payment having had to take early ill health retirement. Helld: His appeal failed: ‘No authority was cited to us to support the view that a disabled person who is treated advantageously … Continue reading Williams v Swansea University Pension and Assurance Scheme Swansea University: CA 14 Jul 2017

London Borough of Lewisham v Malcolm: HL 25 Jun 2008

Unrelated Detriment was no Discrimination The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make reasonable adjustments. Held: The authority’s appeal succeeded. … Continue reading London Borough of Lewisham v Malcolm: HL 25 Jun 2008

Williams v The Trustees of Swansea University Pension and Assurance Scheme and Another: SC 17 Dec 2018

The appellant complained of disability discrimination. He retired early suffering Tourette’s syndrome. He had worked part time, and the parties now disputed his pension entitlements. Held: The appeal failed. Lord Kerr, Lord Carnwath, Lord Hodge, Lady Black, Lord Kitchin [2018] UKSC 65 Bailii, Bailii Summary Equality Act 2010 15(1) England and Wales Citing: Cited – … Continue reading Williams v The Trustees of Swansea University Pension and Assurance Scheme and Another: SC 17 Dec 2018

Judd v Cabinet Office (Disability Discrimination): EAT 9 Dec 2021

The appeal was against the rejection of the appellant’s claims for disability discrimination arising out of the withdrawal of a secondment opportunity in Montenegro on grounds of risk to her health. Both of her claims, under s. 15 (discrimination) and s. 20 (failure to make reasonable adjustments) of the Equality Act 2010, turned on whether … Continue reading Judd v Cabinet Office (Disability Discrimination): EAT 9 Dec 2021

NHS Direct NHS Trust (Now Known As South Central) v Gunn (Transfer of Undertakings : Objection To Transfer): EAT 14 May 2015

EAT TRANSFER OF UNDERTAKINGS TRANSFER OF UNDERTAKINGS – Objection to Transfer PRACTICE AND PROCEDURE PRACTICE AND PROCEDURE – Striking out/Dismissal An employee whose disabilities were such that she worked 8.5 hours per week for her employer was part of a service which was to be taken over by NHS Direct NHS Trust (now known as … Continue reading NHS Direct NHS Trust (Now Known As South Central) v Gunn (Transfer of Undertakings : Objection To Transfer): EAT 14 May 2015

Cummins v Ministry of Defence: EAT 20 Mar 2015

EAT Disability Discrimination: Reasonable Adjustments The Employment Appeal Tribunal allowed the appeal by the Respondent against the decision of the Employment Tribunal that it had breached its duty to make reasonable adjustments on the ground that the Tribunal failed, as it was required to do, to make proper findings as to whether the adjustments sought … Continue reading Cummins v Ministry of Defence: EAT 20 Mar 2015

Ministry of Defence v Cummins: EAT 20 Mar 2015

EAT Disability Discrimination: Reasonable Adjustments The Employment Appeal Tribunal allowed the appeal by the Respondent against the decision of the Employment Tribunal that it had breached its duty to make reasonable adjustments on the ground that the Tribunal failed, as it was required to do, to make proper findings as to whether the adjustments sought … Continue reading Ministry of Defence v Cummins: EAT 20 Mar 2015

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

MM and Another, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: UTAA 9 Mar 2015

UTAA Equality Act – The applicants, who suffer from mental health problems, brought their claims for judicial review under the Equality Act 2010 (‘the Equality Act’) asserting that they were placed at a substantial disadvantage in comparison to claimants and recipients of Employment and Support Allowance (‘ESA’) who did not suffer from mental health problems … Continue reading MM and Another, Regina (on The Application of) v Secretary of State for Work and Pensions and Others: UTAA 9 Mar 2015

Kerry Ingredients (UK) Ltd v Little: EAT 16 Feb 2015

EAT Unfair Dismissal : Compensation Polkey deduction Having found that the Claimant had been unfairly dismissed and suffered discrimination arising in consequence of his disability, indirect disability discrimination, and discrimination by reason of a failure to make reasonable adjustments, the ET considered what compensation would be awarded to the Claimant for his pecuniary losses. Finding … Continue reading Kerry Ingredients (UK) Ltd v Little: EAT 16 Feb 2015

Metropolitan Housing Trust Ltd v TM: CA 20 Dec 2021

This second appeal arises from a claim for possession of rented residential premises and concerns the impact on such a claim of the public sector equality duty (‘the PSED’), set out in s. 149 of the Equality Act 2010. Lord Justice Green, Lord Justice Nugee, And, Lord Justice Snowden [2021] EWCA Civ 1890 Bailii, Judiciary … Continue reading Metropolitan Housing Trust Ltd v TM: CA 20 Dec 2021

Land Registry v Houghton and Others: EAT 12 Feb 2015

EAT Disability Discrimination: Disability Related Discrimination – Justification – Disability related discrimination. Equality Act 2010 section 15. Non-payment of bonus due to the Claimants having received a warning for disability related sick absence. Prima facie discrimination causatively made out. The Employment Tribunal were entitled to reject the Respondent’s justification defence. Peter Clarke HHJ [2015] UKEAT … Continue reading Land Registry v Houghton and Others: EAT 12 Feb 2015

Chief Constable of West Yorkshire v Farrand: EAT 13 Feb 2015

EAT Disability Discrimination: Reasonable Adjustments – The disabled Claimant transferred to a role (A) for which, after delay, reasonable adjustments were made. Following mediation the Respondent ordered her transfer to role (B) which she never took up prior to medical retirement. The Employment Tribunal held transfer to (B) represented a breach of section 21 Equality … Continue reading Chief Constable of West Yorkshire v Farrand: EAT 13 Feb 2015

Greenland v Secretary of State for Justice: EAT 28 Jan 2015

EAT Race Discrimination: Indirect – This is an appeal against a decision of the employment tribunal dismissing a claim for indirect discrimination. The case concerned the remuneration paid to different categories of members of the Parole Board. For a period between November 2009 and 1 April 2014, the Secretary of State determined that retired judges … Continue reading Greenland v Secretary of State for Justice: EAT 28 Jan 2015

Perry’s Motor Sales Ltd v Evans: EAT 17 Nov 2014

EAT Disability Discrimination: Reasonable Adjustments – JURISDICTIONAL POINTS – Claim in time and effective date of termination – JURISDICTIONAL POINTS – Extension of time: just and equitable – UNFAIR DISMISSAL – Constructive dismissal – PRACTICE AND PROCEDURE – Costs Disability Discrimination – failure to comply with an obligation to make reasonable adjustments (section 21 Equality … Continue reading Perry’s Motor Sales Ltd v Evans: EAT 17 Nov 2014

Robson and Another, Regina (on The Application of) v Salford City Council: CA 20 Jan 2015

The appellants, all severely disabled appealed against the refusal of their judicial review of the substantial withdrawal by the Council of a service providing them with transport to local day care facilities. They said that the council had failed in its dutes to consider their individual cases, to consult properly, and in its public sector … Continue reading Robson and Another, Regina (on The Application of) v Salford City Council: CA 20 Jan 2015

Campbell v Thomas Cook Tour Operations Ltd: CA 30 Oct 2014

The court was asked whether the provisions of paragraph 33(2) of Schedule 3 to the 2010 Act excluded the application of the duties contained in section 29 of the 2010 Act to the provision of airport services at an airport outside the European Union (EU). Vos, McCombe, Longmore LJJ [2014] EWCA Civ 1668, [2014] WLR(D) … Continue reading Campbell v Thomas Cook Tour Operations Ltd: CA 30 Oct 2014

Saad v University Hospital Southampton NHS Trust and Another: EAT 4 Dec 2014

EAT Disability Discrimination: Disability The Appellant was a Specialist Registrar in cardiothoracic surgery. He contended that he had a disability within the meaning of section 6 of the Equality Act 2010. He had an impairment in the form of a depressive and general anxiety disorder. He contended that the impairment had a substantial and long-term … Continue reading Saad v University Hospital Southampton NHS Trust and Another: EAT 4 Dec 2014

Sefton Borough Council v Wainwright: EAT 13 Oct 2014

EAT Maternity Rights and Parental Leave – Sex discrimination Unfair dismissal Return to work Maternity and Parental Leave Regulations 1999 (MAPL Regs) – regulation 10 – redundancy during maternity leave and entitlement to be offered suitable available vacancy. Equality Act 2010 (EqA) – section 18 – direct discrimination because of pregnancy and maternity Appeal against … Continue reading Sefton Borough Council v Wainwright: EAT 13 Oct 2014

Games v University of Kent: EAT 14 Jul 2014

EAT Age Discrimination – The Employment Tribunal erred in law in its approach to the question of ‘particular disadvantage’ for the purposes of section 19(2)(b) of the Equality Act 2010 and did not give Meek compliant reasons for its conclusion on the question whether the PCP which the Respondent applied was a proportionate means of … Continue reading Games v University of Kent: EAT 14 Jul 2014

Burdett v Aviva Employment Services Ltd: EAT 14 Nov 2014

EAT Unfair Dismissal – Conduct – Section 98(2)(b) Employment Rights Act 1996 In a case where the Claimant had committed (admitted) assaults in the workplace because of his disability (he suffers from a paranoid schizophrenic illness), the ET found that the Respondent had dismissed him because of his having committed acts of gross misconduct and … Continue reading Burdett v Aviva Employment Services Ltd: EAT 14 Nov 2014

Windle v Arada and Another: EAT 16 Sep 2014

EAT Jurisdictional Points : Worker, Employee or Neither – Whether the Claimants, when providing their services to the Respondent as interpreters, were employees within the meaning of s.83(2)(a) Equality Act 2010, and in particular whether, when providing those services they were employed under a contract personally to do work. In finding that they were not, … Continue reading Windle v Arada and Another: EAT 16 Sep 2014

Arada v Windle and Another: EAT 16 Sep 2014

EAT Jurisdictional Points : Worker, Employee or Neither – Whether the Claimants, when providing their services to the Respondent as interpreters, were employees within the meaning of s.83(2)(a) Equality Act 2010, and in particular whether, when providing those services they were employed under a contract personally to do work. In finding that they were not, … Continue reading Arada v Windle and Another: EAT 16 Sep 2014

Johnson v Mitie Asset Management Ltd: EAT 18 Jul 2014

EAT Victimisation Discrimination : Protected Disclosure – DISABILITY DISCRIMINATION PROTECTED DISCLOSURE – section 43B Employment Rights Act 1996 Inadequate findings of fact by the ET as to what had actually been said by the Claimant and, if not a protected disclosure, why. Ultimately, however, the ET’s clear findings of fact as to the reason for … Continue reading Johnson v Mitie Asset Management Ltd: EAT 18 Jul 2014

Fuller v United Healthcare Services Inc and Another: EAT 4 Sep 2014

EAT Unfair Dismissal – SEXUAL ORIENTATION – DISCRIMINATION / TRANSEXUALISM – VICTIMISATION DISCRIMINATION – Whistleblowing The claimant made claims of unfair dismissal under Employment Rights Act (ERA) section 94(1), sexual orientation discrimination under the provisions of the Equality Act 2010 and automatic unfair dismissal in respect of protected disclosures under section 103A of ERA. The … Continue reading Fuller v United Healthcare Services Inc and Another: EAT 4 Sep 2014

Hensman v Ministry of Defence: EAT 10 Jun 2014

EAT Unfair Dismissal : Reasonableness of Dismissal – DISABILITY DISCRIMINATION – Disability related discrimination The Appellant was employed in a civilian capacity by the Ministry of Defence and lived in shared accommodation provided by the Respondent. He was found to be in possession of video and still images of anther employee which had been taken … Continue reading Hensman v Ministry of Defence: EAT 10 Jun 2014

Fathers v Pets At Home Ltd and Another: EAT 20 Jun 2014

EAT Disability Discrimination : Disability – The Claimant had been employed at the First Respondent’s stores, most recently as an assistant manager. She suffered from stress, anxiety and depression, for which she was prescribed drugs and received counselling. At a Pre-Hearing Review the Employment Tribunal had to determine the issue whether she had a disability … Continue reading Fathers v Pets At Home Ltd and Another: EAT 20 Jun 2014

MB v Secretary of State for Work and Pensions: CA 31 Jul 2014

The appellant, a male to female transsexual, had remained married to her wife despite having the right to have the marriage annulled following the 2004 Act. She now appealed against rejection of her claim to a state pension on attaining the age of 60. She had not applied for a Gender Recognition Certificate because she … Continue reading MB v Secretary of State for Work and Pensions: CA 31 Jul 2014

Aster Communities Ltd v Akerman-Livingstone: CA 30 Jul 2014

The respondent tenant had resisted possession proceedings on the basis of his disability. Held: The court facing such a defence should treat it in the same way as it would an argument that the tenat’s article 8 Human rights were threatened. Arden, Black, Briggs LJJ [2014] EWCA Civ 1081, [2014] WLR(D) 350 Bailii, WLRD European … Continue reading Aster Communities Ltd v Akerman-Livingstone: CA 30 Jul 2014

Kanu v The London Borough of Southwark: CA 29 Jul 2014

Mr Kanu, aged 48, had physical problems, including back pain, hepatitis B, hypertension and haemorrhoids, as well as psychotic symptoms and suicidal ideation. His wife assisted him in taking the necessary drugs, but stress would raise his hypertension to ‘quite dangerous levels’, requiring an increase in the dose of the relevant drugs. An order for … Continue reading Kanu v The London Borough of Southwark: CA 29 Jul 2014

Hutchison 3G UK Ltd v Edwards: EAT 29 Apr 2014

EAT Disability Discrimination : Claimant suffering from Poland syndrome; having been born with his entire major left pectoral chest muscle missing, along with the sternal head on the left side of his chest and two ribs, giving rise to a marked asymmetry in the appearance of his chest. Employment Tribunal concluded that this amounted to … Continue reading Hutchison 3G UK Ltd v Edwards: EAT 29 Apr 2014

Adath Yisroel Burial Society and Another, Regina (on The Application of) v HM Senior Coroner for Inner North London: Admn 27 Apr 2018

The Society challenged the refusal of the coroner to expedite of deaths for religious reasons, alleging discrimination against Jewish and Muslim families in breach of Convention or statutory rights. Held: Allowed in part. Singh LJ, Whipple J [2018] EWHC 969 (Admin), [2019] QB 251, [2018] WLR(D) 273, (2018) 162 BMLR 217, [2018] HRLR 15, [2018] … Continue reading Adath Yisroel Burial Society and Another, Regina (on The Application of) v HM Senior Coroner for Inner North London: Admn 27 Apr 2018

Agbenowossi-Koffi v Donvand Ltd (T/A Gullivers Travel Associates): CA 24 Jun 2014

The claimant, of Black African origin, was publicly described as a ‘monkey in silk’ which led to her suffering depression. The company responded that her claim was out of time. Lord Dyson MR, Sullivan, Sharp LJJ [2014] EWCA Civ 855, [2014] ICR D27, [2014] WLR(D) 282 Bailii, WLRD Equality Act 2010 123 England and Wales … Continue reading Agbenowossi-Koffi v Donvand Ltd (T/A Gullivers Travel Associates): CA 24 Jun 2014