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- Type:
- Employment law cases
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.
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- Date:
- 15 August 2003
- Type:
- Employment law cases
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.
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- Date:
- 3 July 2003
- Type:
- Employment law cases
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.
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- Type:
- Employment law cases
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.
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- Date:
- 21 March 2003
- Type:
- Employment law cases
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.
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- Date:
- 1 September 2002
- Type:
- Employment law cases
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.
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- Date:
- 15 June 2002
- Type:
- Employment law cases
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.
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- Date:
- 15 May 2002
- Type:
- Employment law cases
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.
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- Date:
- 1 May 2002
- Type:
- Employment law cases
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.
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- Date:
- 1 February 2002
- Type:
- Employment law cases
In Coker and Osamor v The Lord Chancellor and the Lord Chancellor's Department, the Court of Appeal holds that where an appointment is made from a close circle of family or friends, this will rarely constitute indirect discrimination as the vast majority of the relevant pool of potential candidates will be excluded. It will therefore not be possible to show that the requirement of personal knowledge has the disproportionate impact necessary to found a discrimination claim.