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Case Law

Mr J Roads v Buckinghamshire & Milton Keynes Fire Authority [2017]

Case reference:3303501/2015   The claimant, who suffered from dyslexia, argued that the respondent failed to make reasonable adjustments for him. After initially raising a grievance relating to his disability the respondent sought advice from the Adult Dyslexia Centre in 2009. Recommendations were made as to how adjustments co...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Jet2.com Ltd v Denby [2017]

Case reference:UKEAT.0070_17_2510   This appeal concerns a complaint under section 137(1) (a) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) (GB) regarding a refusal to employ because of trade union membership. The Employment Appeal Tribunal was tasked with interpreting the meaning of trade union membership...
This article is listed under the following topics:
Collective and Trade Union Issues Recruitment and Selection
Case Law

The Commissioner of Police of the Metropolis v Denby [2017]

Case reference:UKEAT.0314/16/2410   The Claimant was a police officer who was placed under investigation by the Department for Professional Standards (DPS) for criminal and/or gross misconduct. Conversely, a female officer who performed the same role and was placed under investigation for similar misconduct had complaints against her...
This article is listed under the following topics:
Disciplinary and Grievance Issues Discrimination and Equality
Case Law

Scott v Stevenson & Reid Ltd [2017]

Case reference:82/15.FET.2577/15   The Fair Employment Tribunal has found that a woman who worked for Stevenson & Reid Ltd, a Belfast bathroom, heating and plumbing company based on Prince Regent Road, was discriminated against, harassed and victimised on grounds of religious belief and political opinion and was constructively u...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

Ypourgos Esoterikon and anor v Kalliri [2017]

Case reference:ECJ.C-409/16   The CJEU has ruled that a minimum height requirement of 1.7m (without shoes) to join the Greek police force could not be objectively justified. Ms Kalliri is 1.68m tall. Her application to join the police force schools in Greece was rejected because she failed to reach the minimum height requiremen...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures
Case Law

HM Chief Inspector of Education, Children’s Services and Skills (Appellant) v The Interim Executive Board of Al-Hijrah School (Respondent) [2017]

Case reference:EWCA.Civ.1426.   The respondent, a voluntary faith school for girls and boys aged between 4 and 16, believed that separation of the sexes was obligatory based on the school’s Islamic ethos. In a June 2016 an Ofsted Inspection Report assessed the school as “inadequate” in “effectiveness of leadership and management”...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures
Case Law

Caroline Connolly v Western Health and Social Care [2017]

We covered an earlier NICA decision on this case in 2016, when the case was remitted back to an employment tribunal due to concerns about the adequacy of the tribunal's investigations:https://www.legal-island.com/articles/uk/case-law/2016/mar/caroline-connolly-v-western-health--social-care-trust-20...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Benkharbouche & Anor v Secretary of State for Foreign and Commonwealth Affairs [2017]

Case reference:UKSC.62   This appeal concerned the alleged exploitation of overseas staff recruited abroad. Unlike the case of Reyes v Al-Malki & Anor [2017] UKSC 61 the claimants were employed by the embassies themselves as opposed to individual diplomats. The case highlights the gradual curtailment of the doctrine of...
Case Law

Reyes v Al-Malki & Anor [2017]

Case reference:UKSC.61   The appeal concerned diplomatic immunity, in particular diplomatic immunity in respect of claims brought by domestic servants against diplomats. When delivering a summary of the decision, Lord Sumption emphasised that exploitative employment practices under cover of diplomatic status is a recurring...
Case Law

Una Doyle v Toals Bookmakers [2017] NIIT 00866_17IT

Case reference:NIIT.00866_17IT   The claimant was employed as a Shop Manager by the respondent. She initially complained of sex discrimination and disability discrimination and failed to tick any of the boxes on the claim form relating to holiday pay or unpaid leave, despite having the benefit of professional advice at the time. O...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues