Equality, diversity and human rights
In Patel and Harewood v T & K Home Improvements Ltd and Johnson a Bedford industrial tribunal (Chair: C Tribe) awards aggravated damages against an employer who treated workplace notices which contained racially abusive material as a joke during tribunal proceedings and did not offer an apology to the complainants.
In Edwards v London Underground Ltd a London North industrial tribunal (Chair: R Upex) rules that new rostering arrangements introduced as part of a £10 million cost-saving plan indirectly discriminated against a female train operator, who was a single parent.
Where an employee was told that a decision to transfer her was taken because she was a woman, the employers could not avoid a finding of sex discrimination by showing that the true reason for their decision was her unsatisfactory performance, rules the EAT in Allen v Cannon Hygiene Ltd.
An industrial tribunal erred in finding that there had been direct racial discrimination in the absence of a finding that the reason for the treatment complained of was race-based, rules the Court of Appeal in Barclays Bank plc v Kapur and others (No.2).
Rejecting a s. 41 defence, a Bury St Edmunds industrial tribunal (Chair: J Barnes) in York v Olan Mills Incorporated rules that the dismissal of a US citizen working for a US company in the UK when she refused to relocate back to the USA was unlawful race discrimination. Finding that the employee was also unfairly dismissed, the tribunal awarded compensation totalling almost £22,000.
Rejecting the defence that being a woman was a "personal services" genuine occupational qualification for the post, a Nottingham industrial tribunal (Chair: D R Sneath) in Moult v Nottinghamshire County Council rules that it was unlawful to refuse an application from a man for a teaching post on women-only courses run by an all-women organisation.
The right to a review of a decision of the General Medical Council is a proceeding "in the nature of an appeal" such as to preclude a complaint of race discrimination from being brought before an industrial tribunal, the Court of Appeal has ruled in Khan v General Medical Council.
An employer has an obligation to provide an environment free of sexual harassment and a system whereby an employee can complain of behaviour which is unwanted, offensive and humiliating, says a Manchester industrial tribunal (Chair: J Corcoran) in Dillon v Outline Engraving Co Ltd.
A young cricketer who, when using his own name, was refused a trial with Durham County Cricket Club but was not refused when he used an anglicised name, was not discriminated against on grounds of race, rules a Newcastle-upon-Tyne industrial tribunal (Chair: J D Myers) in Yaqub v Durham County Cricket Club. The two letters requesting a trial, were "dissimilar", said the tribunal, and "required different and distinct answers".
In Deb-Gupta v The Board of Governors Beech Hill Infant School and Bedfordshire County Council a Bedford industrial tribunal rules that an Asian teacher who was unsuccessful in her application for promotion in a predominantly Asian school, despite having greater experience of multi-cultural education and in acting-up in senior positions than the successful white candidate, was unlawfully discriminated against.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.