Case Law Update – Petrofac Offshore Management Ltd v Mr D C Wilson
Petrofac Offshore Management Ltd v Mr D C Wilson considers whether a gross misconduct dismissal may be unfair if the employee has previously received a disciplinary warning in respect of the same offence. In most cases, a one off act of gross misconduct would result in dismissal, but in some exceptional circumstances you may wish […]
Case Law Update – Miss S J Austin vs The Leeds Teaching Hospital NHS Trust
In Miss S J Austin vs The Leeds Teaching Hospital NHS Trust, a hospital secretary has been found to have been unfairly dismissed and discriminated against on the grounds of disability for repeatedly checking her own medical record. The tribunal found that the Hospital Trust did not take account of the fact that her behaviour […]
Case Law Update: Palmer vs AIMS Markets Limited
In the case of Palmer vs AIMS Markets Limited, Mr Palmer applied for a role as a senior HR professional but was unsuccessful following alleged comments from the prospective employer that they wished to recruit ‘fewer white men’. Whilst he was unsuccessful in his discrimination claims, the employment tribunal decided that he did not have […]
Case Law Update: Dwight Pile-Grey vs Ministry of Defence
In the case of Dwight Pile-Grey vs Ministry of Defence, Mr Pile-Grey has successfully claimed direct race discrimination, harassment and victimisation against the Ministry of Defence (MoD) after his 16-year career in the Army. Following a dispute with white soldiers who doubted his identity as a soldier, culminating in accusations of playing the “race card”, […]
Case Law Update: Topps Tiles Plc v Hardy [2023] EAT
In this case, Mr Hardy who had been employed by Topps Tiles since 2002, filed a complaint alleging unfair dismissal and disability discrimination after being dismissed from his position as a store manager in November 2019. He claimed to have suffered from depression for twenty years and insisted that his employer was aware of this fact. […]
When is an employer liable for disability discrimination?
Disability discrimination is unlike other types of discrimination (sex, race, religion etc) in that there is a requirement that for an employer to be liable for acts of discrimination, they must have known, or to have reasonably known that the employee was disabled. The circumstances In the case of Preston v E.on Energy Solutions Ltd, […]
Employee wins £96k in Age Discrimination case
A fashion designer considered by Superdry as unlikely to leave her role has been awarded £96,200 after successfully claiming she was discriminated against on the grounds of her age. Ms Sunderland, a knitwear design specialist in her fifties, repeatedly saw colleagues with less experience handed promotions ahead of her despite her receiving “brilliant” performance reviews […]
Employer discriminated against breastfeeding mother
A teacher who had recently returned to work and needed somewhere to express milk during the day for her baby was found to have been discriminated against when she was forced to use “dirty” toilets to do this. This is the case of a teacher, Ms Mellor, who had submitted a flexible working request before […]
Age discrimination in the workplace
Employers who discriminate on grounds of age are breaking the law. This article covers information specific to discrimination on grounds of age. The latest labour force survey, produced by the Office for National Statistics (published September 2021) found that: During 2020-2021, the rate of employment for those aged between 50 and 64 has remained generally […]
Employee suspended over racist tweets following Euro final
An employee of Savills estate agents is alleged to have made an “appalling” racist comment on Twitter shortly after the England team lost on penalties in the Euro 2020 final against Italy on Sunday. Savills have swiftly suspended the employee who owns the account the comment came from, pending the outcome of an investigation which […]
Interesting Employment Tribunal Cases: Witness Statements and Marital Status Discrimination
This case law update article provides a digestible account of recent Employment Tribunal outcomes; where you get the background details on the case, the rationale behind the judgements and takeaway learning points. Tai Tarian v Christie: Was it outside the range of reasonable responses to dismiss someone in reliance on the evidence of an anonymous […]
Protecting Your Business
At a time of uncertainty, you will want to do everything within your means to keep your business running smoothly and to limit risk. As we continue to respond to Covid-19, managing the employment relationship is even more critical to ensure your business can survive and thrive. The biggest cost to any employer is its […]
Three interesting cases of discrimination in the UK
It is against the law to treat someone less favourably because of their gender, race, religion, sexual orientation, disability or age; this is discrimination. However, more than 25% of the workers in the UK claim to have been discriminated against at work. Discrimination is not just isolated to the workplace and can occur across most […]
Female banker wins gender discrimination case
A female city banker has won her case for gender discrimination, harassment and unequal pay. Ms Macken sued the London office of the French bank BNP Paribas for £4m claiming she was paid hundreds of thousands of pounds less than a male colleague. The financial product manager claimed she was paid considerably less than her […]
The 4 types of discrimination: what every employer needs to know
The word ‘discrimination’ is often used on a day to day basis to describe being treated unfairly for a particular reason; but unlawful discrimination happens when less favourable or unfair treatment relates to specific characteristics, known legally as ‘protected characteristics’. The UK have nine protected characteristics, which are set out in the Equality Act 2010. There […]
Personal relationships at work
Personal relationships at work which may affect employers can include those between spouses, civil partners, common-law partners, family members (fathers, sons, sisters, brothers) and others. The type of relationship can include very close friendships, sexual relationships, close family members and commercial relationships. Many organisations employ staff with family connections. Also, as we spend more time […]
Vegetarianism is not a philosophical belief under the Equality Act, but Veganism may be
Conisbee v Crossley Farms and others In this case, the employee (claimant) had been employed at Crossley Farms as a Waiter/Barman from April 2018 until he resigned on 30 August 2018 shortly after being called ‘gay’ because he was a vegetarian. The employee did not have qualifying service to claim ordinary unfair or constructive dismissal, […]
Could employers be fined for unfair or sexist dress codes?
Flip flops or no flip flops?! Do you think shorts and flip flops are acceptable to wear in the office during hot weather? In a recent radio interview, with BBC Radio Northampton, our HR Knowledge Manager discussed whether it is ever OK to wear flipflops at work. Click on the play icon below to listen […]
Social media gaffes in the workplace
Sometimes a flippant remark or blunder can have far-reaching consequences as well as cause embarrassment and offence. There has been widespread media speculation over the recent case of Danny Baker, a BBC broadcaster, who was fired for a ‘chimp’ tweet about the Duke and Duchess of Sussex’s new baby. He had posted an image on […]
Age Discrimination: Ensuring Fairness and Inclusivity
According to Acas, age discrimination is one of the most common forms of unfair treatment in the workplace. Treating someone unfairly at work because of their age is against the law, apart from in some very limited circumstances. The common areas where age discrimination is most likely to occur are: recruitment, training, promotion, pay and […]