Latest case reports added to HR & Compliance Centre

We provide a round-up of case reports added to HR & Compliance Centre this week, covering: race discrimination; religious discrimination; sex discrimination; and the right to legal representation

• Race discrimination: Polkey principle applies to compensation for dismissal In Chagger v Abbey National plc and another [2009] EWCA Civ 1202 CA, the Court of Appeal confirmed that employment tribunals should ask a Polkey-type question when considering loss of earnings flowing from a discriminatory dismissal. The Court also ruled that, in appropriate cases, compensation for loss of earnings may include an element of "stigma" loss. (Employment Review)
• Religious discrimination: Christian registrar disciplined for refusing to carry out civil partnership duties was not discriminated against unlawfully In Ladele v London Borough of Islington [2009] EWCA Civ 1357 CA, the Court of Appeal held that a registrar with strong Christian beliefs about marriage who was threatened with dismissal for refusing to carry out civil partnership work did not suffer unlawful religious discrimination. (Employment Review)
• Sex discrimination: Requirement for male trainee police officer to cut his hair not discriminatory In Dansie v Commissioner of Police for the Metropolis EAT/0234/09, the Employment Appeal Tribunal held that a police force did not treat a male trainee officer less favourably on grounds of sex by requiring him to have his hair cut, when the same requirement would not have been demanded of a female officer with a similar hairstyle. (Employment Review)
• Right to a fair hearing under article 6 includes a right to legal representation In R (on the application of G) v Governors of X School and Y City Council [2010] EWCA Civ 1 CA, the Court of Appeal held that an employee should have been allowed to be accompanied by a lawyer at a disciplinary hearing in circumstances where a consequence of the hearing could be the addition of his name to the register of individuals deemed unsuitable to work with children. (Personnel Today)

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