Equality, diversity and human rights
In Lofty v Hamis t/a First Cafe, the Employment Appeal Tribunal (EAT) held that, when determining whether or not a condition amounts to a disability under the Equality Act 2010, there is no distinction between different cancerous conditions or different stages of cancer.
In United First Partners Research v Nicolas Carreras, the Court of Appeal held that a pattern of repeated requests that an employee work in the evenings, which created a pressure on him to agree, was capable of amounting to a "provision, criterion or practice" (PCP) under the Equality Act 2010.
In Really Easy Car Credit Ltd v Thompson, the Employment Appeal Tribunal (EAT) allowed the appeal and held that the employer was not obliged to revisit its decision to dismiss when it became aware that the employee was pregnant.
In de Souza E Souza v Primark Stores Ltd, the employment tribunal awarded £47,433 to a transgender employee who suffered harassment and recommended that the employer adopt a written policy on how to deal with new and existing staff who are transgender or who wish to undergo gender reassignment.
In Guisado v Bankia SA and others, the European Court of Justice (ECJ) held that there is nothing in EU law to prevent a pregnant worker from being included in collective redundancies.
In Hale v Brighton and Sussex University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that the decision to instigate the disciplinary procedure was not a one-off act, but the start of a state of affairs that would continue until the conclusion of the disciplinary process.
In Donelien v Liberata UK Ltd, the Court of Appeal held that the employer did not have constructive knowledge of the employee's disability and that it had done all it could "reasonably be expected to have done" to find out about the nature of the employee's health problems.
In Carrabyne v Department for Work and Pensions, the employment tribunal awarded £110,165 to a disabled claimant who was dismissed while on a final written attendance warning following an absence unrelated to her disabilities.
In López Ribalda and others v Spain, the European Court of Human Rights held that Spanish shop workers' right to privacy was violated when a supermarket installed hidden cameras without their knowledge to monitor employee thefts.
In Antovic and another v Montenegro, the European Court of Human Rights held that overt camera surveillance in a university's lecture halls violated professors' right to privacy under the European Convention on Human Rights.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.