Equality, diversity and human rights
In Kuteh v Dartford and Gravesham NHS Trust, the Court of Appeal held that the NHS trust fairly dismissed a Christian nurse for initiating inappropriate conversations about religion with patients in breach of a lawful management instruction.
In Georges v Pobl Group Ltd, an employment tribunal upheld a black employee's harassment claim after she attended diversity training at which the trainer wrote racially offensive terms on a flipchart and staff were encouraged to shout out the most offensive words that they could come up with.
In Linsley v Revenue and Customs Commissioners, the Employment Appeal Tribunal held that the employer's discretionary car parking policy was a relevant factor to be taken into account in determining the issue of reasonable adjustments, as was the particular disadvantage suffered by the employee, namely the stress of searching for a parking place.
In Governing Body of Sutton Oak Church of England Primary School and others v Whittaker, the Employment Appeal Tribunal held that an employment tribunal failed to identify an appropriate hypothetical comparator when deciding that a gay teacher's dismissal for inappropriate meetings with a pupil constituted sexual orientation discrimination.
In Governing Body of Tywyn Primary School v Aplin, the Employment Appeal Tribunal (EAT) upheld a headteacher's constructive dismissal and sexual orientation discrimination claims after his school mishandled disciplinary action over his lawful sexual activities with two 17-year-olds he met through Grindr.
In Flemming v East of England Ambulance Services NHS Trust, an employment tribunal held that an NHS Trust discriminated against a mentally ill employee by dismissing him for gross misconduct following his failure to attend a sickness absence review meeting and occupational health appointments.
In The City of Oxford Bus Services Ltd t/a Oxford Bus Company v Harvey, the Employment Appeal Tribunal (EAT) held that, when deciding if an employer's working arrangements are justified, the tribunal must focus on justifying the rule in the particular circumstances of the business, rather than the application of the rule to the individual.
In South West Yorkshire Partnership NHS Foundation Trust v Jackson and others, the Employment Appeal Tribunal (EAT) held that, as long as the miscommunication came from an administrative error, an employee whose redundancy redeployment form was sent to an inaccessible work email address was not unfavourably treated because she was on maternity leave.
In Furlong v Chief Constable of Cheshire Police, an employment tribunal held that a police force's recruitment process discriminated against a white heterosexual male candidate who was rejected after the positive action provisions in the Equality Act 2010 were applied to a pool of 127 applicants who passed the interview stage.
In Gan Menachem Hendon Ltd v De Groen, the Employment Appeal Tribunal (EAT) held that a claim of direct religious discrimination cannot be sustained simply on the basis that an employer acted in the way it did because of its own religious beliefs.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.