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- Type:
- Employment law cases
In Wood v Durham County Council, the Employment Appeal Tribunal (EAT) held that the employee's tendency to steal was a manifestation of his disability and an excluded condition under the Equality Act 2010 (Disability) Regulations 2010.
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- Date:
- 6 November 2018
- Type:
- Commentary and insights
The Government is consulting on taking forward its proposals to require large employers to publish ethnicity pay data. We investigate what shape the legislation might take; the challenges that an ethnicity pay gap reporting obligation would pose; what reporting employers are already carrying out; and the potential implementation timetable.
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- Type:
- Employment law cases
In Evans v Xactly Corporation Ltd, the Employment Appeal Tribunal (EAT) upheld an employment tribunal's ruling that calling a salesperson a "fat ginger pikey" in a working environment with a culture of "jibing and teasing"; was not harassment under the Equality Act 2010.
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- Type:
- Employment law cases
In Matier v Spring & Airbrake Ireland Ltd, a Northern Ireland industrial tribunal awarded £3,155 for age discrimination to a jobseeker who was told that a prospective employer was "looking for a younger person".
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- Type:
- Employment law cases
In James v Coedffranc Community Council, an employment tribunal upheld an unsuccessful job applicant's age discrimination claim after an interviewer said "I've just noticed how old you are" and jotted down older candidates' ages on interview notes.
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- Type:
- Employment law cases
In Lee v Ashers Baking Co Ltd and others, the Supreme Court held that a Christian bakery did not commit direct sexual orientation discrimination in the provision of goods and services when it refused to fulfil a cake order with a message in support of same-sex marriage.
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- Type:
- Employment law cases
In Saad v Southampton University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that the primary question, when deciding if an employee acted in bad faith, is whether or not the employee acted honestly in making the discrimination allegation, not the employee's ulterior purpose.
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- Type:
- Employment law cases
In X v Y Ltd, the Employment Appeal Tribunal (EAT) held that an email containing legal advice on how to disguise a discriminatory dismissal as a redundancy is not protected by legal advice privilege and is admissible as evidence in a tribunal.
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- Type:
- Employment law cases
In R (on the application of AR) v Chief Constable of Greater Manchester Police and another, the Supreme Court held that, although the disclosure of the appellant's acquittal for rape was an interference with his human rights, it was justified. However, the Court expressed concern at the lack of guidance for employers on how to deal with disclosures of serious criminal charges that result in acquittals.
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- Type:
- Employment law cases
In South Warwickshire NHS Foundation Trust v Lee and others, the Employment Appeal Tribunal (EAT) held that a decision to withdraw a job offer that was at least partially influenced by a reference that focused on the applicant's sickness absence levels was discriminatory.