Employment tribunals and courts
In Campbell v Datum Engineering Co Ltd a Birmingham industrial tribunal recommends that a firm found to have unlawfully discriminated on grounds of race should take steps such as introducing a formal racial harassment procedure, providing recruitment training for all managers and giving consideration to the eradication of pay anomalies in order to avoid future race claims.
A race discrimination claim presented outside the statutory time limit because of a mistake by the Commission for Racial Equality (CRE) could be considered, rules a Birmingham industrial tribunal (Chair: J G Haslam) in Gill v Hereford & Worcester County Council.
In Automotive and Financial Group Ltd v Bark the EAT has held that a compensation award of £2,000 for injury to feelings to a trainee salesperson, who was dismissed after she was sexually harassed, fell within the bracket of permissible awards.
In a number of recent cases, the EAT has considered the approach industrial tribunals should take when considering reducing unfair dismissal compensation on the grounds that the unfairness was due only to "procedural" failures.
In Patel and Harewood v T & K Home Improvements Ltd and Johnson a Bedford industrial tribunal (Chair: C Tribe) awards aggravated damages against an employer who treated workplace notices which contained racially abusive material as a joke during tribunal proceedings and did not offer an apology to the complainants.
A car salesman whose health suffered as a direct result of sex discrimination when he was dismissed because he was a man is awarded £15,000 compensation, including £5,000 for injury to feelings, by a Birmingham industrial tribunal (Chair: J K Macmillan) in Smith v Swithland Motors plc.
In McClenaghan and Rice v British Shoe Corporation Ltd a Belfast industrial tribunal (Chair: E McBride) awards £11,455 compensation, including £8,000 for injury to feelings, to a maternity leaver who suffered "severe depression" following her dismissal when illness prevented her from returning to work within the statutory period.
A teenage girl who was turned down for an apprenticeship as a garage mechanic is awarded compensation of £24,389, including £3,500 for injury to feelings, by a London South industrial tribunal (Chair: E R Donnelly) in Bishop v The Cooper Group plc.
Compensation of £10,000 has been awarded by a Leeds industrial tribunal (Chair: P A Morris) in Miss A and Miss B v R1 and R2 to each of two employees in respect of injury to feelings resulting from sexual harassment.
In Laher v London Borough of Hammersmith & Fulham the EAT has set aside the decision of an industrial tribunal dismissing a race discrimination complaint on grounds that there was bias shown by the tribunal chair against the applicant.
Employment law cases: HR and legal information and guidance relating to employment tribunals and courts.