Sally Logan, associate at Addleshaw Goddard, brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.
It was a sufficient basis for a claim of victimisation for an unsuccessful job applicant to show that those who had interviewed him were subconsciously influenced by their knowledge of the fact that he had previously done a protected act, holds the House of Lords in Nagarajan v London Regional Transport.
The EC Equal Treatment Directive requires member states to provide judicial protection for those whose former employers react to their bringing claims of sex discrimination against them during their employment by refusing their requests for a reference, rules the European Court of Justice in Coote v Granada Hospitality Ltd.
A university lecturer was unlawfully victimised for bringing race discrimination proceedings against his employer when his application for promotion was unfairly considered and when he was placed last on a list of people entitled to performance-related pay so that he stood little or no chance of receiving such pay, rules a London South industrial tribunal (Chair: G H K Meeran) in Majid v London Guildhall University.
An employee who had made a race discrimination complaint was later unlawfully victimised when he was not, in accordance with normal practice, informed why his application for promotion had been unsuccessful, rules a Manchester industrial tribunal (Chair: C T Grazin) in Shah v Rochdale Metropolitan Borough Council.
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.