Case report round-up: "Freezing" workplace complaint not a protected disclosure

XpertHR's latest case reports cover:

  • Burden of proof in victimisation cases In Pothecary Witham Weld and another v Bullimore and another and the Equality and Human Rights Commission [2010] IRLR 572 EAT, the Employment Appeal Tribunal held (EAT) that a Court of Appeal ruling that the reversal of the burden of proof is not applicable in race victimisation cases does not apply to sex discrimination claims. (Employer's Law)
  • Compensation for psychiatric ill health In Thaine v London School of Economics EAT/0144/10, the EAT held that, where an employee's psychiatric ill health has been caused by a number of factors, some of which are outside the employer's legal responsibility, the employment tribunal may discount any compensation awarded to the employee so that it properly reflects the employer’s contribution to the ill health. (Employer's Law)
  • Spiritualism is a "religion or belief" In Greater Manchester Police v Power EAT/0434/09, the EAT held that spiritualism is protected under the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660). (Employer's Law)
  • Medical worker who complained about being too cold did not make protected disclosure In Easwaran v St George's University of London EAT/0167/10, the EAT held that a medical worker did not make a protected disclosure when he complained about a "freezing" workplace. (Employer's Law)
  • EAT considers "perversity" of tribunal's redundancy decision In Watkins v Crouch t/a Temple Bird Solicitors EAT/0145/10, the EAT held that there was scope for an employment tribunal to have concluded that a claimant's selection for redundancy was fair, but its findings of fact were incomplete. (Employer's Law)
  • No automatic contract of employment for integrated agency worker In Tilson v Alstom Transport [2010] EWCA Civ 1308 CA, the Court of Appeal confirmed that the significant integration of an agency worker into the hiring organisation will not necessarily preclude the existence of an agency relationship in which there is no contract between the agency worker and the end-user. (Personnel Today)

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