Equality, diversity and human rights
In Curless v Shell International Ltd, the Court of Appeal upheld the tribunal decision that an email that contained legal advice on how to avoid a discriminatory dismissal is protected by legal privilege because it was not advice to act in an "underhand or iniquitous way".
In Gray v Mulberry Company (Design) Ltd, the Court of Appeal held that the employee's refusal to sign a copyright agreement was not due to any philosophical belief, but to her wish to achieve greater protection for her own creative work.
In López Ribalda and others v Spain, the European Court of Human Rights held that Spanish shop workers' right to privacy was not violated when a supermarket secretly installed hidden cameras to monitor employee thefts.
In Stolk v Hunts Foodservice Ltd and another, an employment tribunal awarded the claimant £11,028 after finding that pre-termination negotiations were admissible as evidence of pregnancy and maternity discrimination.
In Raj v Capital Business Services Ltd, the Employment Appeal Tribunal refused to overturn an employment tribunal decision that a female team leader's "misguided" attempt at encouraging a male employee by touching his shoulders while standing behind him was not sexual harassment.
In Conisbee v Crossley Farms Ltd and others, an employment tribunal held that vegetarianism is not a "philosophical belief" under the Equality Act 2010. However, the tribunal suggested that veganism is more likely to be protected under the Act.
In Birtenshaw v Oldfield, the Employment Appeal Tribunal held that the tribunal does not need to be satisfied that the adoption of lesser measures would have necessarily prevented the unfavourable treatment in a discrimination arising from disability claim.
In Wisbey v Commissioner of the City of London Police and another, an employment tribunal held that a police force indirectly discriminated against a male police officer who was temporarily removed from rapid-response driving duties because he is colour blind.
In Page v NHS Trust Development Authority, the Employment Appeal Tribunal upheld an employment tribunal decision that there was no religious discrimination where a non-executive director was suspended after voicing his opposition to same-sex couple adoption in the media.
In Forbes v LHR Airport Ltd, the Employment Appeal Tribunal held that an employer was not vicariously liable for racial harassment when an employee posted an image of a golliwog on her Facebook account.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.