Latest case reports added to HR & Compliance Centre
We provide a round-up of case reports added to XpertHR this week, covering: whistleblowing; religion or belief discrimination; sex discrimination; and compensation for injury to feelings.
- Religion or belief discrimination: Asserted belief about climate change capable of protection as "philosophical belief" In Grainger plc v Nicholson [2010] IRLR 4 EAT, the Employment Appeal Tribunal (EAT) held that the employee can challenge his dismissal as being an act of discrimination on grounds of his asserted philosophical belief in climate change and the environment, provided that he is able to establish that his belief is genuinely held and that it satisfies certain specified limitations and criteria as to the nature of the belief. (Employment Review)
- Whistleblowing: Disclosure of "information" requires statement of facts In Cavendish Munro Professional Risks Management Ltd v Geduld [2010] IRLR 38 EAT, the EAT held that the employment tribunal erred in deciding that a solicitor's letter amounted to a qualifying disclosure for the purposes of s.43B of the Employment Rights Act 1996. The letter merely stated the employee's position in an ongoing dispute, without alleging any facts. (Employment Review)
- Compensation for injury to feelings: EAT increases Vento compensation in line with inflation In Da'Bell v NSPCC [2010] IRLR 19 EAT, the EAT has confirmed the increase of the Vento bands for compensation for injury to feelings in discrimination cases in line with inflation. (Employment Review)
- Enforcement of dress code didn't amount to sex discrimination In Dansie v Commissioner of Police for the Metropolis EAT/0234/09, the EAT has upheld an employment tribunal decision to dismiss a sex discrimination claim by a male trainee police officer who was required to get his hair cut. (Personnel Today)
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