Equality, diversity and human rights

New and updated

• Date:

  1 July 2007

  Type:

  Employment law cases

  Burden of proof in disability discrimination cases

  The EAT provides guidance on shifting the burden of proof in disability discrimination claims, in Project Management Institute v Latif (10 May 2007).

• Date:

  27 June 2007

  Type:

  Employment law cases

  Equal pay: Job evaluation scheme did not have retrospective effect

  In 1) Bainbridge & Ors 2) Redcar & Cleveland Borough Council v 1) Redcar & Cleveland Borough Council 2) Williams EAT/0424/06 & EAT/0031/07 the Employment Appeal Tribunal held that successful equal pay claims confer the right to up to six years' back pay prior to the institution of proceedings.

• Date:

  30 May 2007

  Type:

  Employment law cases

  Human rights: Union did not act unlawfully in expelling BNP member

  In Associated Society of Locomotive Engineers and Firemen (ASLEF) v United Kingdom [2007] IRLR 361, a case of competing rights of association under art. 11 of the European Convention on Human Rights, a trade union's right to expel a member of the BNP because his values conflicted fundamentally with its own outweighed the individual's right to membership of the union.

• Date:

  14 May 2007

  Type:

  Employment law cases

  Sex discrimination: Prima facie case requires more than a difference in sex and a difference in treatment

  In Madarassy v Nomura International plc [2007] IRLR 246, the Court of Appeal has held that a "possibility" of discrimination arising only from a difference in gender and a difference in treatment is not, without more, sufficient to support an inference of unlawful discrimination, thereby shifting the burden of proof to the employer.

• Date:

  8 May 2007

  Type:

  Employment law cases

  Spence v Intype Libra Ltd

  In Spence v Intype Libra Ltd EAT/0617/06, the Employment Appeal Tribunal (EAT) has held that a failure to obtain and consult on a medical report before dismissing an employee does not in itself breach the duty to make reasonable adjustments for disabled employees.

• Date:

  2 April 2007

  Type:

  Employment law cases

  Azmi v Kirklees Metropolitan Borough Council

  In Azmi v Kirklees Metropolitan Borough Council EAT/0009/07, the Employment Appeal Tribunal (EAT) has dismissed an appeal against an employment tribunal's ruling that an employee who was dismissed for refusing to remove her veil while teaching had not been discriminated against on the grounds of religion or belief.

• Date:

  1 April 2007

  Type:

  Employment law cases

  EC Directive not properly implemented

  The High Court has found that the Sex Discrimination Act 1975, as amended, does not give full effect to the revised EC Equal Treatment Directive, in Equal Opportunities Commission v Secretary of State for Trade and Industry (12 March 2007).

• Date:

  2 March 2007

  Type:

  Employment law cases

  Equal pay: case law update

  This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.

• Date:

  16 February 2007

  Type:

  Employment law cases

  Fowler v London Borough of Waltham Forest

  In Fowler v London Borough of Waltham Forest EAT/0116/06, the Employment Appeal Tribunal (EAT) has reiterated that the duty to make reasonable adjustments for the disabled does not normally include giving full pay to an individual during sickness absence.

• Type:

  FAQs

  Where an employee's claim of harassment turns out to be unfounded, can they be disciplined for raising a grievance?