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Race discrimination
In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) upheld an employment tribunal decision to recuse itself after the employment judge disclosed to the parties that she had received information from the police part-way through the tribunal hearing. The EAT went on to give guidance as to the procedure that tribunals should follow when information from third parties is provided during the hearing.
The Supreme Court has held that the connection between an employee's immigration offences and the statutory civil wrong of discrimination is insufficiently close to prevent her from making a claim for pre-dismissal racial harassment.
Krishna Santra, Linda Quinn and Colin Makin are senior associates and Melissa Powys-Rodrigues and Dominic Speedie are associates at Colman Coyle Solicitors. They round up the latest rulings.
David Malamatenios is a partner, Linda Quinn and Krishna Santra senior associates and Melissa Powys-Rodrigues and Dominic Speedie associates at Colman Coyle Solicitors. They round up the latest rulings.
This employment tribunal had the unusual task of considering whether or not a manager harassed a black pub worker when he told him that he "looked like a pimp" when he was wearing a promotional St Patrick's Day hat.
The current wording of the Equality Act 2010 is sufficient to allow caste discrimination claims to be brought, found the employment tribunal in this non-binding first-instance case.
This Polish claimant was awarded £7,000 after being criticised by a colleague for speaking her native language in the workplace, in a good example of the language issues that can arise in a multinational workplace.
Employers that operate a transparent and carefully recorded recruitment process have little to fear if they find themselves in an employment tribunal, as this race discrimination case shows.
The Employment Appeal Tribunal has held that where multiple grievances are made in good faith, albeit are ill founded, they are protected acts for which the employer cannot subject the employee to a detriment.
In this well-publicised race discrimination case, a job applicant engineered a tribunal claim by submitting two applications for a job with Virgin Atlantic: the first using his real African name and stating that he is a black African; the second using a fake British-sounding name and stating his ethnicity as white British.
HR and legal information and guidance relating to race discrimination.