Equality, diversity and human rights
In Heskett v Secretary of State for Justice, the Court of Appeal confirmed that, while cost alone is not sufficient, the employer's need to reduce expenditure due to budgetary constraints imposed by the Government is a legitimate aim, and the discriminatory pay policy a proportionate means of achieving that aim.
In Sullivan v Bury Street Capital Ltd, the Employment Appeal Tribunal held that an employee who had paranoid delusions about a "Russian gang problem" was not disabled under the Equality Act 2010.
In Robinson v Department for Work and Pensions, the Court of Appeal held that, in a discrimination arising from disability claim, the employment tribunal must focus on the reason for the unfavourable treatment and examine the employer's thought processes.
In Hill v Lloyds Bank plc, the Employment Appeal Tribunal held that requiring the employer to give an undertaking not to make a disabled employee work with two colleagues she claimed had bullied her, or to offer a severance payment if this was not possible, was a reasonable adjustment.
In Sinelnikova v ActivTrades plc, an employment tribunal upheld a compliance officer's claims of unfair dismissal, whistleblowing and victimisation after finding that she had been subjected to "concerted and malicious" action by her employer.
In Broadist v HM Prison Service, an employment tribunal found that the employer's refusal to allow a semi-retired dog handler to remain working on a part-time basis with an alternative dog, after his dog had died, amounted to indirect age discrimination.
In Adenusi v London Underground Ltd, an employment tribunal held that the employee's dismissal for sexual harassment was unfair because the employer did not carry out a reasonable investigation.
In NH v Associazione Avvocatura per i diritti LGBTI, the European Court of Justice held that a senior lawyer's comments on a radio programme that he would not wish to recruit homosexual people fell within the scope of the Equal Treatment Framework Directive (2000/78/EC) even though his firm was not recruiting, or planning to recruit, at the time.
In Rakova v London North West Healthcare NHS Trust, the Employment Appeal Tribunal held that the employer's failure to provide a disabled employee with software updates may amount to a breach of the duty to make reasonable adjustments.
In Allen v Paradigm Precision Burnley Ltd and another, an employment tribunal found that homophobic comments made by colleagues to to a gay employee amounted to sexual orientation harassment.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.