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discrimination
17
Jan
2024
Judicial Appointments Commission Faces Race Discrimination Complaint
Written by
Carina Jheeta
An allegation of discrimination against a public body is a serious matter requiring close analysis in a public forum. An Employment Tribunal (ET) made that point in permitting a claim against the Judicial Appointments Commission and one of its...
12
Oct
2023
Disability Discrimination – Corner Shops Owe the Same Duties as Multinationals
Written by
Carina Jheeta
Small businesses are not blessed with human resource departments and can find it hard to accommodate disabled members of staff who need to take time off work. However, as an Employment Tribunal (ET) ruling showed, when it comes to catering for their...
30
Mar
2023
Pressurised Delivery Driver Succeeds in Disability Discrimination Claim
Written by
Emma-Louise Hewitt
The pressure under which the UK's legion of delivery drivers work is well known as online shopping habits increase. As an Employment Tribunal (ET) ruling showed, however, workers' disabilities must never be ignored when assigning them a reasonable...
27
Mar
2023
College Student Required to Work Late Succeeds in Age Discrimination Claim
Written by
Emma-Louise Hewitt
Mention age discrimination and in the first instance it brings to mind older employees being treated less favourably than their younger colleagues. However, as a case concerning a teenage college student showed, young people enjoy the same legal...
02
Jan
2023
Length of Service Redundancy Criteria Ageist, ET Rules
Written by
Emma-Louise Hewitt
A redundancy process that includes length of service or seniority as a selection criterion is always likely to be vulnerable to challenge on ageism grounds. In one case, an international travel operator fell into precisely that trap (Irving v TUI...
05
Aug
2022
Disability Discrimination – ET's Reasons for Dismissing Claim 'Inadequate'
Written by
Emma-Louise Hewitt
One of the most fundamental principles of justice is that unsuccessful litigants must be given an adequate explanation of the reasons why they have lost. In the context of a disability discrimination claim, an Employment Tribunal (ET) was found to...
20
Jul
2022
Capability – Justifying the Dismissal of a Disabled Employee is Never Easy
Written by
Emma-Louise Hewitt
Justifying the dismissal of a disabled employee on capability grounds is always likely to be an uphill struggle. That was certainly so in the case of an HGV driver who was sacked whilst in the midst of a long and painful recovery from major back...
29
Jun
2022
Badly Mistreated Immigrant Worker Succeeds in ET Claim
Written by
Emma-Louise Hewitt
It is a sad fact that immigrant workers with little or no grasp of English are vulnerable to shocking mistreatment by a minority of employers. As an Employment Tribunal (ET) ruling showed, however, perpetrators of such abuse can expect crushing...
09
Jun
2022
Pregnancy Discrimination – Employers' Claims of Ignorance
Written by
Emma-Louise Hewitt
Employers accused of discrimination are often heard to claim that they had no inkling that the employee concerned had a protected characteristic. However, the case of a pregnant woman who was sacked whilst in the throes of morning sickness showed...
24
Nov
2021
Would Your Workplace Disciplinary Procedures Withstand ET Scrutiny?
Written by
Sydney Mitchell
Workplace disciplinary hearings should always be conducted on the assumption that the fairness of the procedure followed is in future likely to be rigorously tested by an Employment Tribunal (ET). A case on point concerned an adult education worker...
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