Equality, diversity and human rights

New and updated

• Type:

  FAQs

  Can an employer stipulate an age limit for a job?

• Type:

  FAQs

  Is it unlawful to include a preferred age range in a job advertisement?

• Date:

  22 September 2006

  Type:

  Employment law cases

  Harassment/employer's liability: Employers may be vicariously liable under 'stalking' legislation

  In Majrowski v Guy's and St Thomas's NHS Trust [2006] IRLR 695 HL, the House of Lords holds that under the Protection from Harassment Act 1997 employers will be vicariously liable for harassment committed by employees acting in the course of their employment.

• Date:

  22 September 2006

  Type:

  Employment law cases

  Disability discrimination: No duty to pay full pay to disabled employee during sickness absence

  In O'Hanlon v The Commissioners for HM Revenue & Customs EAT/0109/06, the Employment Appeal Tribunal holds that the Disability Discrimination Act 1995 does not require an employer to pay disabled employees on sick leave more than it pays non-disabled employees who are off sick.

• Date:

  22 September 2006

  Type:

  Employment law cases

  Disability discrimination: European community law and the definition of 'disability'

  In Navas v Eurest Colectividades SA Case C-13/05, first case to come before it on the issue, the ECJ finds that "disability" within the Framework Directive is not to be equated with "sickness" and that discrimination solely on the grounds of sickness does not fall within the scope of the Directive.

• Date:

  4 September 2006

  Type:

  Employment law cases

  Mohmed v West Coast Trains Ltd

  In Mohmed v West Coast Trains Ltd EAT/0682/06, the Employment Appeal Tribunal (EAT) has given the first appellate decision on religious discrimination.

• Date:

  4 August 2006

  Type:

  Employment law cases

  Sex discrimination: Successful defence to claims of sexual harassment

  In Caspersz v Ministry of Defence EAT/0599/05, the Employment Appeal Tribunal holds that an employer that introduced and implemented an effective dignity at work policy successfully defended sexual harassment claims even where the harasser was the manager with responsibility for implementing the policy.

• Date:

  21 July 2006

  Type:

  Employment law cases

  Race discrimination: Dismissal of BNP councillor was not 'on racial grounds'

  In Serco Ltd v Redfearn [2006] EWCA Civ 659 CA, the Court of Appeal holds that an employer did not discriminate on grounds of race when it dismissed an employee because of fears that his membership of the BNP would lead to hostility, jeopardising the health and safety of staff and customers.

• Date:

  7 July 2006

  Type:

  Employment law cases

  Health and safety/maternity rights: 'Avoiding risk' to new and expectant mothers

  In New Southern Railway Ltd v Quinn [2006] IRLR 606 EAT, the Employment Appeal Tribunal holds that an employer's duty to take steps to "avoid" risk to a pregnant woman means that the risk should be reduced to its lowest acceptable level - not that it must be removed completely.

• Type:

  Employment law cases

  Case round-up: Burden of proof in discrimination cases

  This week's case round-up from Eversheds, covering the burden of proof in discrimination cases.