Case report round-up: Supreme Court approves discrimination burden of proof guidance

The HR & Compliance Centre's latest case reports cover:

Supreme Court approves discrimination burden of proof guidance In Hewage v Grampian Health Board [2012] UKSC 37 SC, the Supreme Court approved the guidance on the burden of proof in discrimination cases given by the Court of Appeal in Igen v Wong, as interpreted by the decision in Madarassy v Nomura. (Personnel Today)
Race discrimination: Public policy operated to prevent an au pair proceeding with a claim that was inextricably bound up with her own illegal conduct In Hounga v Allen and another [2012] IRLR 685 CA, the Court of Appeal held that an employee's illegal conduct that "formed a material part of her dismissal discrimination case" barred her from proceeding with the claim. (Employment Review)
Pay in lieu of notice: PILON due despite gross misconduct discovered after dismissal In Cavenagh v William Evans Ltd [2012] IRLR 679 CA, the Court of Appeal held that an employer that elected to terminate a contract of employment by making explicit use of an express pay in lieu of notice clause could not avoid the obligation to make the payment in lieu of notice by relying on prior misconduct by the employee that was not noticed until after the dismissal. (Employment Review)

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