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Race discrimination
The failure to offer a non-Muslim Bosnian a work experience placement with Bosnian Muslim refugees was discrimination on grounds of religion and thus not unlawful, rules a Reading industrial tribunal (Chair: J G Hollow) in Kesar v (1) British Red Cross (2) Refugee Council.
A Pakistani doctor who was not shortlisted for a medical post because he could not meet the job requirements was unlawfully indirectly discriminated against, rules an Edinburgh industrial tribunal (Chair: S Krietman) in Mian v Common Services Agency and Brotherston.
A black employee was unlawfully victimised when he was barred from his company's bonus scheme after he accused his managing director of being a racist, rules a London (North) industrial tribunal (Chair: P R K Menon) in Leacock v Zeller & Sons plc.
A Sri Lankan-born candidate was discriminated against when his application for the post of director of community services was turned down, a Bury St Edmunds industrial tribunal (Chair: D R Crome) has ruled in Abraham v Fenland District Council.
A failure to shortlist a black employee for interview for the job of senior social worker was unlawful discrimination, rules a Nottingham industrial tribunal (Chair: D R Sneath) in Charles v Nottinghamshire County Council.
It is a foreseeable consequence of discriminatory treatment that an employee will become upset and demotivated, holds a Birmingham industrial tribunal (Chair: A J McCarry) in Bains v Amber Leisure Ltd, finding that the dismissal of an ethnic minority employee for redundancy was unlawful discrimination even though he had requested it.
In Pereira v The Post Office, a Southampton industrial tribunal rules that the Post Office, which had properly followed "full procedures", was not liable for the racial abuse suffered by an employee from a fellow employee. However, in Cooley v BRS Ltd, a Reading industrial tribunal rules that BRS had failed to properly implement its harassment policy and was liable for the racial abuse of one employee by another.
East African Asian employees of a UK bank who were required to waive their right to have their African service with a "group" employer credited for pension purposes, had not suffered race discrimination, holds the Court of Appeal in Barclays Bank plc v Kapur and others.
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.
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).
Employment law cases: HR and legal information and guidance relating to race discrimination.