Latest case reports added to HR & Compliance Centre

We provide a round-up of case reports added to HR & Compliance Centre this week, covering: disability discrimination, TUPE and religion or belief discrimination. 

  • Disability discrimination: EAT construes Disability Discrimination Act so as to prohibit associative discrimination In EBR Attridge Law LLP and another v Coleman (No.2) [2010] IRLR 10 EAT, the Employment Appeal Tribunal (EAT) held that the Disability Discrimination Act 1995 should be construed so as to prohibit associative discrimination - that is, discrimination against a person who is not disabled on the grounds of his or her association with a disabled person. (Employment Review)
  • TUPE: Incorrect information reflecting mistaken belief about legal position did not breach Regulations In Royal Mail Group Ltd v Communication Workers Union [2009] EWCA Civ 1045 CA, the Court of Appeal held that an employer must inform representatives of employees who may be affected by a TUPE transfer of its considered and genuine view as to the legal implications of the proposed transfer. However, reg.13(2)(b) of the TUPE Regulations 2006 does not impose strict liability on the employer as to the accuracy of that information. Therefore the employer will not be in breach if the information that it gives reflects a genuine but mistaken belief as to the legal implications. (Employment Review)
  • Employer's commitment to equal opportunities override faith objections In McFarlane v Relate Avon Ltd EAT/0106/09, the EAT has agreed with an employment tribunal decision that a counsellor who was dismissed after he refused to give advice to same-sex couples was not discriminated against because of his religious beliefs. (Employment Review)

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