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Equality, diversity and human rights

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  • Date:
    25 February 2008
    Type:
    Employment law cases

    Sex discrimination: Discriminatory act amounted to constructive dismissal

    In Shaw v CCL Ltd EAT/0512/06, the EAT held that an employee whose request to work part time on her return from maternity leave was refused had been constructively unfairly dismissed.

  • Date:
    24 December 2007
    Type:
    Employment law cases

    Age discrimination: recent tribunal decisions

    A review of a number of recent employment tribunal decisions suggests that some employers remain unaware of the implications of, or are struggling with, the Employment Equality (Age) Regulations 2006 (SI 2006/1031), which became law on 1 October 2006. The decisions also demonstrate the approach that the tribunals might take to the question of justification of discrimination and to the assessment of injury to feelings compensation.

  • Date:
    18 December 2007
    Type:
    Employment law cases

    Disability discrimination: Consultation with employee was not part of employer's duty to make reasonable adjustments

    In Scottish and Southern Energy plc v Mackay EATS/0075/06, the EAT held that failure by an employer to consult directly with a disabled employee about the possibility of his taking up less-stressful alternative work rendered the employee's subsequent dismissal unfair, but did not in itself amount to a failure by the employer to make reasonable adjustments.

  • Type:
    Employment law cases

    Case of the week: Religion or belief discrimination

    This week's case of the week, provided by DLA Piper, covers religion or belief discrimination.

  • Date:
    19 November 2007
    Type:
    Employment law cases

    Hammond v International Network Services UK Ltd

    The High Court has held that, in order to succeed in a claim under the Protection from Harassment Act 1997, an employee must show that there was 'an element of real seriousness' to the harassment.

  • Date:
    13 November 2007
    Type:
    Employment law cases

    Grundy v British Airways plc

    The Court of Appeal has held that, in assessing whether or not there is a difference in pay that disadvantages women, there is no requirement to focus only on the advantaged group.

  • Date:
    8 November 2007
    Type:
    Employment law cases

    Bloxham v Freshfields Bruckhaus Deringer

    In Bloxham v Freshfields Bruckhaus Deringer [2007] ET/2205086/06, an employment tribunal has held that changes to a law firm's pension scheme that discriminated on the grounds of age were justified.

  • Date:
    29 October 2007
    Type:
    Employment law cases

    Disability discrimination: Taking promotional exams was a normal day-to-day activity

    In Paterson v Commissioner of Police of the Metropolis [2007] IRLR 763, the EAT held that a policeman who suffered from dyslexia, which disadvantaged him when undergoing assessment for promotion, had an impairment that had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. The dyslexia therefore amounted to a disability within the meaning of the Disability Discrimination Act 1995.

  • Date:
    29 October 2007
    Type:
    Employment law cases

    Equal pay: Employees may rely on comparators rated lower under a job evaluation study

    The Court of Appeal ruled in Redcar and Cleveland Borough Council v Bainbridge and others [2007] EWCA Civ 929 that a woman claiming equal pay may rely on a job evaluation study even where the woman's job has been assigned a higher value than that of her comparator.

  • Date:
    29 October 2007
    Type:
    Employment law cases

    Harris v NKL Automotive Ltd and Matrix Consultancy UK Ltd

    In Harris v NKL Automotive Ltd and Matrix Consultancy UK Ltd EAT 0134/07, the Employment Appeal Tribunal (EAT) has upheld an employment tribunal's finding that a requirement to have tidy hair did not indirectly discriminate against a Rastafarian who wore his hair in dreadlocks.

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