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We’ve found 216 results for 'discrimination'

Case Law

Finvola McMullan v Kian Lee T/A China Garden & Others [2018]

Case reference:2803/17IT.3075/17IT   The claimant commenced her employment with the respondent Chinese takeaway business in August 2013. She never received a contract of employment or written statement of particulars. Initially, she worked 39 hours per week until September 2015. She varied her hours by agreement with the respondents s...
Case Law

Kocur v Royal Mail Group [2018]

Case reference:UKEAT.0181_17_2302   The claimant was an agency worker and was supplied to the respondent through a third-party agency. After 12 weeks working he became entitled to ’12 week rights’ i.e. the same basic pay and working conditions as permanent employees. He argued that for each eight-hour night shift he was given a one h...
Case Law

United First Partners Research v Carreras [2018]

Case reference:EWCA.Civ.323   mant brought proceedings for disability discrimination, specifically by failure to make reasonable adjustments contrary to sections 20-21 and 39 (5) of the Equality Act 2010 (equivalent to Section 4 of the Disability Discrimination Act in NI), and for unfair dismissal. The claimant argued his dismi...
Case Law

Miss A de Souza E Souza v Primark Stores Ltd Case [2018]

Case reference:2206063/2017   man, succeeded in her claims for direct discrimination and harassment under the Equality Act 2010 in relation to gender reassignment. The claimant has identified as a woman for approximately 16 years. Her birth name is ‘Alexander’ yet she is known as ‘Alexandra’. She began working as a sales assis...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

Really Easy Car Credit Limited v Thompson [2018]

Case reference:UKEAT/0197/17/DA   unfair dismissal and unlawful pregnancy discrimination. She argued the dismissal letter was falsely backdated, stating the decision to terminate her employment was not made before learning of her pregnancy. According to the employment tribunal, delaying communication of the claimant’s dismissal mea...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

Jessica Porras Guisado v Bankia S.A., Fondo de Garantía Salarial and Others [2018]

Case reference:Case.C-103/16   In the case of Jessica Porras Guisado v Bankia S.A., Fondo de Garantía Salarial and Others the European Court of Justice ruled that an organisation can make a pregnant employee redundant provided the employer relays the reasoning for redundancy in writing and that those concerned are informed of th...
This article is listed under the following topics:
Redundancy and Reorganisation Discrimination and Equality
Case Law

HMRC v Saldanha [2017]

Case reference:UKEAT/0067/17/DA   hlighted that there was a likelihood of discrimination and that the claimant would suffer stress. The offer of work was subsequently withdrawn. The claimant alleged race discrimination. The ET found that the claim for less favourable treatment because of race was made out. In dismissing the appea...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection
Case Law

Kelly v PGA European Tour [2018]

Case reference:UKEAT.0157_17_0602   dings alleging unfair dismissal and age discrimination. The respondent conceded the dismissal was unfair, therefore the tribunal sought to determine whether the reason for dismissal was on grounds of the claimant's age. The tribunal rejected the claim of age discrimination. It accepted the explanat...
Case Law

Sargeant & Ors v London Fire & emergency Planning Authority & Ors [2018] UKEAT/0116/17/LA and The Lord Chancellor & Anor v McCloud & Ors [2018]

Case reference:UKEAT.0071_17_2901   tweighed the Government's aims. The age discrimination which followed could therefore not be justified. In Sargeant the question of proportionality was remitted while the appeal in McCloud was dismissed.Practical Lessons Considering the limited basis upon which the appeal in Sargeant was successful...
This article is listed under the following topics:
Discrimination and Equality Pensions
Case Law

Carlos Enrique Ruiz Conejero v Ferroser Servicios Auxiliares SA and Ministerio Fiscal [2018]

Case reference:Case.C-270/16.   islation at issue, is liable to produce discrimination against persons with disabilities;• Whether the difference in treatment between workers with disabilities and workers without disabilities deriving from Article 52 (d) of the Workers’ Statute is objectively justified by a legitimate aim, whethe...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Discrimination and Equality