Equality, diversity and human rights
In Eweida v British Airways plc EAT/0123/08, the EAT held that a uniform policy that prohibited visible items of jewellery, unless worn in pursuance of a mandatory scriptural requirement, did not indirectly discriminate against a Christian employee who wished to display a cross over her uniform.
In Live Nation Venues (UK) Ltd v Hussain and other appeals EAT/0234/08, EAT/0235/08 & EAT/0236/08, the EAT held that the fact that the employer's decision to dismiss was influenced by the employee's perceived difficulty in being managed by two younger female colleagues did not give rise to an inference that the dismissal was on grounds of the employee's age.
In Saini v All Saints Haque Centre and others EAT/0227/08, the EAT held that, where a tribunal found on the facts that the employer had mistreated an employee in order to target his colleague on the grounds of the latter's religion, the tribunal erred in finding that the mistreatment was not unlawful because it was not based on the employee's own religion.
In Chagger v Abbey National plc and another EAT/0606/07, the EAT held that a claim of discrimination on grounds of skin colour inevitably involves a complaint of discrimination on the grounds of race or ethnic origin, thus engaging s.54A of the Race Relations Act 1976. In addition, allowing an appeal against an award of around £2.8 million compensation, the EAT held that the tribunal should have considered a Polkey-type question in relation to loss of earnings, and that recoverable loss should be limited to that flowing from loss of employment with the discriminator.
In Rolls-Royce v Unite [2008] EWHC 2420 HC, the High Court held that two collective agreements that set out an approach to redundancy giving points for length of service in the selection process were lawful under the age discrimination legislation.
The Court of Appeal has held that paying bonuses to employees who worked night shifts did not constitute sex discrimination.
In Tradition Securities and Futures SA v X and another EAT/0202/08, the EAT held that, where an employee of a French company had worked in Paris for three years before transferring to the company's London office for two years, and complained of unlawful sex discrimination throughout all five years of her employment, the employment tribunal had jurisdiction to hear only the complaints about her alleged treatment in London.
In Redcar & Cleveland Borough Council v Bainbridge and Equality and Human Rights Commission and other appeals [2008] IRLR 776, the Court of Appeal held that a transitional pay protection scheme that, in effect, preserved the previous (unlawful) pay levels of men, while failing to offer equivalent higher pay to women engaged on work rated as equivalent, perpetuated historic indirect sex discrimination and was not objectively justified.
This week's case of the week, provided by DLA Piper, covers equal pay claims.
In Coleman v Attridge Law and another [2008] IRLR 722, the ECJ held that the protection afforded against direct discrimination and harassment on grounds of disability under the Equal Treatment Framework Directive is not limited to those who are themselves disabled.
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