Latest in Case Law

Our case reviews cover a wide range of employment cases from relevant employment courts and the implications of these decisions for employers.

Latest Case Law

We’ve found 479 results for 'discrimination'

Case Law

Salim v Western Health and Social Care Trust [2023]

Decision number:NIIT.23793/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) onded to stating that the accusation of discrimination was ‘ridiculous’ and the requirement for Colposcopy was only desirable. Outcome: The claimant said that he had been subject to unlawful race discrimination as a result of not being offered the role. The comparator was the individual who did re...
This article is listed under the following topics:
Discrimination
Case Law

Wytrzyszczewski v British Airways Plc [2023]

Decision number:EAT.7   Legal body: Employment Appeal Tribunal (UKEAT) and harassment. This also included sex discrimination and harassment. This, in totality, led to a claim for constructive dismissal. The beginning of the process can be taken to a meeting in March 2018. The context is that the claimant had been informed that he was not meeting the requisite standa...
This article is listed under the following topics:
Discrimination
Case Law

Smith v Tesco Stores Limited [2023]

Decision number:EAT.11   Legal body: Employment Appeal Tribunal (UKEAT) ed his claim for unfair dismissal, race discrimination, disability discrimination and other related claims. The Tribunal outlined that some complaints were clear whereas others were not. The difficulties arose during the preliminary hearings when the claimant sought to add a range of further alle...
This article is listed under the following topics:
Dismissal Contracts of Employment
Case Law

Fitzsimons v Disability Action (NI) [2023]

Decision number:NIIT.26215/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) mant suggested it was direct disability discrimination on the basis that the individual did not have a visible disability whereas the claimant did. It is notable though that whilst there was no formal request for expressions of interest it was put to the management team at the Board with only the ...
This article is listed under the following topics:
Discrimination
Case Law

Krolak v Alison Smyth t/a Bubbles Dog Grooming [2023]

Decision number:NIIT.11511/19   Legal body: Northern Ireland Industrial Tribunal (NIIT) to the respondent in relation to a race discrimination claim. The action taken by the respondent was found to be on the basis of the claimant’s competency rather than her race or nationality. Practical Guidance for Employers: This case relates to the position of volunteers and the extent to which...
This article is listed under the following topics:
Discrimination Pay
Case Law

Earl Shilton Town Council v Miller [2023]

Decision number:EAT.5   Legal body: Employment Appeal Tribunal (UKEAT) he employee taking an action citing sex discrimination. This was primarily based upon the fact that if they wanted to use the women’s toilets they would have to check to see if a child was present. They were later offered the use of the men’s toilets but there was only one cubicle where the users...
This article is listed under the following topics:
Discrimination
Case Law

Donaldson v Positive Futures [2023]

Decision number:NIIT.36005/21   Legal body: Northern Ireland Industrial Tribunal (NIIT) t the Tribunal she made a claim for sex discrimination. The Tribunal felt the need to remind the parties to the limited jurisdiction of the Tribunal and that it would not be a public inquiry into issues relating to care provision. This continued throughout the case with the Tribunal noting the le...
Case Law

JK v TP S.A. [2023]

Decision number:EUC.9   Legal body: Court of Justice EU (CJEU/ECJ) respondent in Poland based upon direct discrimination on the grounds of sexual orientation. The domestic court referred the case to the European Court of Justice asking whether the situation fell within the Equal Treatment Directive and whether it affected national legislation relating to freedom ...
This article is listed under the following topics:
Discrimination
Case Law

Davies v EE Ltd [2022]

Decision number:EAT.191   Legal body: Employment Appeals Tribunal (EAT) made. Of course, relating to indirect discrimination, it would then also be open to employers to show that any provision, criterion or practice is objectively justifiable. It will be interesting to see the Tribunal’s analysis of this having dealt with the fact that it is a provision, criterion o...
This article is listed under the following topics:
Discrimination
Case Law

Dornan v Chief Constable of the PSNI [2022]

Decision number:FET.30/22   Legal body: Employment Tribunal (ET) ere is more discretion when it comes to discrimination claims and the use of ‘just and equitable’. That being said, the discretion is not untrammelled. There are clear factors to be discussed as outlined in the case of Keeble. In this case, the length of the delay, reasons for the delay and the ...
This article is listed under the following topics:
Discrimination Tribunal Practice Procedures and Jurisdictional Issues