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Race discrimination
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.
In Bakkali v Greater Manchester Buses (South) Ltd t/a Stage Coach Manchester, the Employment Appeal Tribunal (EAT) held that asking a Muslim employee whether or not he supported IS did not amount to harassment because, given the context, the offending comment was not "related to" his religious belief or race.
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.
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.
The Supreme Court has considered whether or not an employment tribunal has jurisdiction to hear a complaint by a doctor against the General Medical Council for discrimination.
Kirsti Laird is senior associate at Charles Russell Speechlys. She rounds up the latest rulings.
The Supreme Court has held that claimants are not required in indirect discrimination claims to explain why the provision, criterion or practice (PCP) puts, or would put, the affected group at a particular disadvantage.
The Supreme Court has held that the mistreatment of two migrant workers on the basis of their immigration status did not amount to race discrimination.
David Malamatenios is a partner in the employment department at Colman Coyle Solicitors. He rounds up the latest rulings.
Amanda Steadman is a professional support lawyer, Iain Naylor, Lucy Sorell and Rachael Wake are associates, and Jessica-Alice Curtis is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings.
HR and legal information and guidance relating to race discrimination.