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Race discrimination

New and updated

  • Date:
    31 December 2003
    Type:
    Employment law cases

    London Borough of Southwark v Ayton

    In London Borough of Southwark v Ayton EAT/515/03, the Employment Appeal Tribunal upheld an employment tribunal's reasoning in finding victimisation and its recommendation that the respondent should arrange training in respect of racial awareness for the person held to have victimised the claimant, but remitted the claim to the employment tribunal to consider whether the allegation made by the claimant was false and not made in good faith.

  • Type:
    Employment law cases

    Case round-up

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • Date:
    15 August 2003
    Type:
    Employment law cases

    Discrimination: Employers liable for post-termination discrimination

    In Relaxion Group plc v Rhys-Harper and related cases the House of Lords interprets anti-discrimination legislation to mean that employees should be protected against certain acts of post-termination discrimination by their employer.

  • Date:
    3 July 2003
    Type:
    Employment law cases

    Equal pay and sex discrimination: New guidance on burden of proof in sex discrimination claims

    In Barton v Investec Henderson Crosthwaite Securities Ltd, the EAT holds that by the insertion of the new section 63A into the Sex Discrimination Act 1975, a "shifting" burden of proof is introduced into sex discrimination claims, making it necessary to set out fresh guidance as to the correct approach for employment tribunals to take.

  • Type:
    Employment law cases

    Case round-up

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • Date:
    21 March 2003
    Type:
    Employment law cases

    Race and sex discrimination: Proper approach to issue of continuing acts of discrimination

    In Hendricks v The Commissioner of Police for the Metropolis, the Court of Appeal holds that an employment tribunal did not err in law in deciding that it had jurisdiction to hear a police officer's race and sex discrimination complaints, notwithstanding that none of the numerous alleged incidents of discriminatory treatment complained of occurred in the three-month period preceding the presentation of her originating application.

  • Date:
    1 September 2002
    Type:
    Employment law cases

    Yeboah v Crofton

    In Yeboah v Crofton [2002] IRLR 634 CA, the Court of Appeal held that an employee can be made personally liable for acts of unlawful discrimination committed by him or her in the course of his or her employment against a fellow employee, even though the employer is held not to be legally liable for its conduct because it took reasonably practicable steps to prevent its employee from doing the act in question.

  • Date:
    15 June 2002
    Type:
    Employment law cases

    Race discrimination: When to construct hypothetical comparator

    In Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting the Court of Appeal holds that an employment tribunal should have constructed a hypothetical comparator against which to consider whether there was evidence to support an inference that the complainant's treatment had been tainted with race discrimination. And the EAT holds in Williams v H M Prison Service that there is no additional duty on a tribunal to construct and consider the position of a hypothetical comparator.

  • Date:
    15 May 2002
    Type:
    Employment law cases

    Procedure: No extension of time while grievance procedure is being used

    The Court of Appeal in Apelogun-Gabriels v London Borough of Lambeth holds that there is no general principle that it will be just and equitable to extend time for bringing a tribunal claim where the applicant is using the employer's internal grievance procedure.

  • Date:
    1 May 2002
    Type:
    Employment law cases

    "Institutionalised racism" comment decried

    In Commissioners of Inland Revenue v Morgan (6 February 2002), the EAT criticises an employment tribunal for finding that there was "institutionalised" racism in the Revenue's solicitors' department.