Equality, diversity and human rights
In Heskett v Secretary of State for Justice, the Employment Appeal Tribunal upheld the tribunal decision that a discriminatory pay policy is justified as a proportionate means of achieving the legitimate aims identified by the Ministry of Justice.
In Chief Constable of Norfolk v Coffey, the Court of Appeal upheld the tribunal decision that a police constabulary had directly discriminated against an officer because of its perception that her medical condition could develop into a disability in the future.
In Kelly v Royal Mail Group Ltd, the Employment Appeal Tribunal held that a long-serving employee's dismissal for frequent absences in accordance with the employer's attendance policy was harsh but fair.
In Pitcher v Chancellor, Masters and Scholars of the University of Oxford and another, an employment tribunal held that Oxford University's "employer-justified retirement age" for academics is a proportionate means of achieving its legitimate aims.
In Base Childrenswear Ltd v Otshudi, the Employment Appeal Tribunal considered the level of race discrimination compensation for an employee whose appeal against her dismissal and post-dismissal grievance were ignored.
In Ali v Capita Customer Management Ltd; Chief Constable of Leicestershire Police v Hextall, the Court of Appeal rejected sex discrimination claims brought by male staff against employers that enhance maternity pay but not shared parental pay.
In Owen v Amec Foster Wheeler Energy Ltd and another, the Court of Appeal held that refusing to allow a disabled employee to undertake an overseas posting due to medical concerns did not amount to direct disability discrimination.
In Kuteh v Dartford and Gravesham NHS Trust, the Court of Appeal held that the NHS trust fairly dismissed a Christian nurse for initiating inappropriate conversations about religion with patients in breach of a lawful management instruction.
In Georges v Pobl Group Ltd, an employment tribunal upheld a black employee's harassment claim after she attended diversity training at which the trainer wrote racially offensive terms on a flipchart and staff were encouraged to shout out the most offensive words that they could come up with.
In Linsley v Revenue and Customs Commissioners, the Employment Appeal Tribunal held that the employer's discretionary car parking policy was a relevant factor to be taken into account in determining the issue of reasonable adjustments, as was the particular disadvantage suffered by the employee, namely the stress of searching for a parking place.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.