The Employment Appeal Tribunal (EAT) has held that the dismissal of a teacher for showing an 18-rated film to a class of vulnerable 15- and 16-year-olds amounted to unfavourable treatment arising from his disability and was not justified.
In Risby v London Borough of Waltham Forest EAT/0318/15, the EAT affirmed that a finding of unfavourable treatment because of "something arising in consequence of" a claimant's disability can be made where there is no direct connection between the disability and the conduct leading to that treatment.
The Employment Appeal Tribunal (EAT) has held that the dismissal of a Christian employee because of her refusal to end her marriage with a convicted sex offender was indirect religious discrimination.
The Northern Ireland Court of Appeal has held that there is no reason in principle why voluntary overtime should not be included in holiday pay, if it is normally carried out and is an "appropriately permanent feature" of the worker's remuneration.
This employment tribunal held that the belief in the importance of public service held by an individual who became the mayor of Liverpool is a "philosophical belief" under the Equality Act 2010.
In BS v Dundee City Council [2014] IRLR 131 CS, the Court of Session found that a tribunal failed to address crucial questions in deciding whether or not an employee had been fairly dismissed for long-term absence and had been wrong to assume that the employee's length of service was a relevant consideration. Long service was relevant only insofar as it could lead to the inference that the employee was a good worker who would return to work as soon as possible.
The Employment Appeal Tribunal has rejected a council's claim that it was required by an enactment to place a cap on the redundancy pay of an older worker who had reached civil service pension age.
The Court of Appeal has held that, while an occupational health report can assist employers in deciding whether or not an employee is disabled, it is up to the employer itself to make the final judgment as to whether or not the employee is covered by disability discrimination legislation. Employers must not simply "rubber stamp" the medical adviser's opinion.