Equality, diversity and human rights
David Malamatenios is a partner, Colin Makin, Sandra Martins and Krishna Santra are senior associates, and Hinal Raichura is a trainee at Colman Coyle Solicitors. They round up the latest rulings.
In a case report from Trowers & Hamlins, the Employment Appeal Tribunal (EAT) considered whether or not an employee who held left-wing democratic socialist beliefs and fell within the scope of philosophical belief protection afforded under the Equality Act 2010 was unlawfully discriminated against and unlawfully harassed.
An employment tribunal has held that a requirement that police firearms officers with one year away from work attend an intensive firearms training course on their return indirectly discriminated against a female police officer returning from maternity leave.
An employment tribunal has awarded a zero hours contract worker £19,500 after her employer failed properly to investigate allegations that her line manager, who decided how many hours' work she was given, had sexually harassed her.
James Buckley, Iain Naylor, Chris McAvoy and Lucy Sorell are associates and Mona Jackson is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal (EAT) has controversially held that a claimant who controls his type 2 diabetes by avoiding sugary food and drinks is not disabled under the Equality Act 2010.
In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) held that the duty to make reasonable adjustments was not triggered where the employee had given no indication that she would be fit to return to work.
An employment tribunal has found that Greater Manchester Police indirectly discriminated against a single-parent police officer who worked term time only when it introduced a requirement that she work nine days during school holidays. The case is a stark reminder to public-sector organisations reviewing flexible working arrangements as a way to cut costs to beware of the potential for discrimination.
David Malamatenios is a partner, and Colin Makin and Krishna Santra are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
In FOA, acting on behalf of Karsten Kaltoft v Billund Kommune [2015] IRLR 146 ECJ, the ECJ held that where "in interaction with various barriers" an obese worker's "full and effective participation in professional life on an equal basis" is hindered by a limitation that results "in particular from long-term physical, mental or psychological impairments" the worker's obesity will amount to a disability.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.