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- Type:
- Employment law cases
In Hale v Brighton and Sussex University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that the decision to instigate the disciplinary procedure was not a one-off act, but the start of a state of affairs that would continue until the conclusion of the disciplinary process.
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- Type:
- Employment law cases
In Donelien v Liberata UK Ltd, the Court of Appeal held that the employer did not have constructive knowledge of the employee's disability and that it had done all it could "reasonably be expected to have done" to find out about the nature of the employee's health problems.
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- Type:
- Employment law cases
In Carrabyne v Department for Work and Pensions, the employment tribunal awarded £110,165 to a disabled claimant who was dismissed while on a final written attendance warning following an absence unrelated to her disabilities.
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- Type:
- Employment law cases
In López Ribalda and others v Spain, the European Court of Human Rights held that Spanish shop workers' right to privacy was violated when a supermarket installed hidden cameras without their knowledge to monitor employee thefts.
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- Type:
- Employment law cases
In Antovic and another v Montenegro, the European Court of Human Rights held that overt camera surveillance in a university's lecture halls violated professors' right to privacy under the European Convention on Human Rights.
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- Type:
- Employment law cases
In Mitchell v Marks and Spencer plc, the employment tribunal awarded £1,000 to a disabled shop worker following a delay in providing him with a lift key to allow him to reach the toilets more easily.
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- Type:
- Employment law cases
In Barbulescu v Romania [2017] IRLR 1032 ECHR, the Grand Chamber of the European Court of Human Rights held that the Romanian courts failed to afford adequate protection to the art.8 rights of an employee who sought to challenge his dismissal following a monitoring exercise by his employer.
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- Type:
- Employment law cases
In Government Legal Service v Brookes [2017] IRLR 780 EAT, the EAT held that an applicant for a solicitors' training scheme who has Asperger's syndrome suffered unlawful disability discrimination when she was required to sit a test in a multiple choice format in the recruitment process.
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- Type:
- Employment law cases
The Employment Appeal Tribunal has held that the employer subjected the claimant to direct race discrimination. The employer withdrew its offer to the claimant of a posting abroad because of a psychological assessment that warned the claimant could suffer stress as a result of racial discrimination.
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- Type:
- Employment law cases
The Court of Appeal has held that the rules on the burden of proof in discrimination claims under the Equality Act 2010 do not differ from the rules under the previous discrimination legislation, and that the initial burden remains on the claimant.