Equality, diversity and human rights >
Direct discrimination
In Owen v Amec Foster Wheeler Energy Ltd and another, the Court of Appeal held that refusing to allow a disabled employee to undertake an overseas posting due to medical concerns did not amount to direct disability discrimination.
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.
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.
In Geller and another v Yeshurun Hebrew Congregation EAT/0190/15, the EAT held that, in cases where direct discrimination is not inherent in the act complained of, a tribunal must enquire further into the motivation, conscious or unconscious, of the alleged discriminator.
The Court of Appeal has confirmed that, in cases involving direct discrimination in the workplace, it is the motive of the decision-maker that is important and not those who may have influenced the decision. Imogen Noons explains the importance of this for employers.
The Employment Appeal Tribunal (EAT) has held that a limited company can bring a claim of direct discrimination under the Equality Act 2010.
In Lockwood v Department for Work and Pensions and another [2013] IRLR 941 CA, the Court of Appeal held that less favourable treatment of a younger employee under the employer's redundancy scheme was objectively justified.
The Court of Appeal has confirmed that age-related differences between the claimant and his or her comparator should not be taken into account when deciding whether or not the claimant suffered less favourable treatment because of his or her age.
This week's case of the week, provided by DLA Piper, covers the burden of proof in discrimination cases.
HR and legal information and guidance relating to direct discrimination.