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Sexual Orientation Discrimination and Hypothetical Comparators

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Does a tribunal's failure to apply the circumstances of a claimant to the hypothetical comparator it seeks to compare to that claimant amount to an error of law? If those circumstances render the comparator materially different then yes, held the EAT...

Disability Discrimination

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Can unfavourable treatment arise in consequence of a mistaken belief? No, held the EAT in  iForce v Wood . The Claimant was a packer working at a fixed workstation. He suffered from a disability, osteoarthritis, which was exacerbated by damp and cold....

Indirect Discrimination

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When considering if a rule is justified, in an indirect discrimination case, should a tribunal only consider how it was applied to the individual claimant? No, held the EAT in  The City of Oxford Bus Services Limited t/a Oxford Bus Company v Harvey . ...

Whistleblowing

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Could a tribunal's decision on a whistleblowing dismissal claim stand where there were insufficient findings of fact? Unsurprisingly, no, held the EAT in  City of London Corporation v McDonnell . Mr McDonnell was a senior surveyor. He managed the...

Review of Discrimination: A Guide to the Relevant Caselaw

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Review by  Naomi Cunningham , Outer Temple Chambers This slim book is now in its 32nd edition. That fact is almost review enough. When it was first published in 1988, the internet was barely thought of, and Harvey had fairly recently (and daringly)...

Suspending Employees

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When may an employer suspend an employee without breaching the implied term of trust and confidence? When it has reasonable and proper cause for doing so, held the Court of Appeal in  London Borough of Lambeth v Agoreyo . A primary school suspended a...

Time Limits

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Should an extension of time be given for filing an EAT appeal when supporting documents were four weeks late? No, held the EAT, on the facts in  Acetrip v Dogra . Mr Dogra won a claim for automatically unfair dismissal against Acetrip, who appealed to...

Maternity Rights

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Can it be unfavourable treatment under the Equality Act 2010 to send a woman on maternity leave an important email at an email address that she cannot access? Yes, held the EAT in  SW Yorkshire Partnership NHS Foundation Trust v Jackson ....

Unfair Dismissal

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Is a final written warning valid in the absence of a full investigation into the incident? Yes, held the EAT, in  Beattie v Condorrat War Memorial and Social Club & Others . The Claimant was a bar steward. She received a final written warning...

Confidentiality Clauses - Proposals for Reform

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The government has issued a  consultation document  seeking views on new measures to prevent the misuse of non-disclosure agreements in situations of workplace harassment or discrimination. Confidentiality clauses serve a useful purpose in the...

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