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Age Discrimination: Justification and the 'cost plus' rule

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Is 'absence of financial means' capable of justifying indirect age discrimination? Yes, held the EAT in  Heskett v Secretary of State for Justice . The Respondent operated a policy limiting pay increases across the public sector. This was...

Whistleblowing

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The appeal in  Dray Simpson v Cantor Fitzgerald Europe  runs pretty much the full gamut of whistleblowing dismissal appeal points. As a result, this case is almost as useful as the whistleblowing chapter in a textbook. The Claimant was MD of the...

Reinstatement and Re-engagement: Injunction not Available

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Can an unfairly dismissed employee get an injunction ordering re-engagement (or reinstatement)? No, held the Court of Appeal in  Mackenzie v The University of Cambridge . The Claimant was unfairly dismissed. The tribunal made an order for...

Holiday Pay: Long-Term Backpay Claims

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Does a gap of more than 3 months in a 'series' of deductions break that series? No, held the Court of Appeal in Northern Ireland ('NICA') in  Chief Constable of Northern Ireland Police v Agnew . In a wide ranging appeal, the NICA...

Disability Discrimination: 'Normal Day to Day Activities'

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Was it unlawful disability discrimination to refuse employment because of a perception of a risk of future inability to work in a particular role? Yes, held the Court of Appeal in  Chief Constable of Norfolk v Coffey . Lisa Coffey was a police officer...

Time Limits: Extensions of Time

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Did a tribunal err when deciding that it was not reasonably practicable for an ET1 to be presented in time where a mistake was made as to the date of dismissal? No, held the EAT in  Lowri Beck Services Ltd v Brophy . The Claimant suffered from severe...

Discrimination Awards: Contributory Negligence

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Can an award for injury to feelings in a discrimination case be reduced because of contributory negligence? Rarely, and not on the facts of this case, held the EAT in First Greater Western Limited & Linley v Waiyego . The Claimant brought a number of...

Harassment

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Is it harassment and direct discrimination to suspend a teacher who can only write by hand for a few minutes? No, held the EAT in  Ahmed v The Cardinal Hume Academies . The Claimant had dyspraxia, a condition affecting co-ordination. The school were...

Inducements to forego Collective Bargaining Rights

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If an employer bypasses a recognised union by making a one-off offer directly to workers, is that an unlawful inducement to forego collective bargaining rights? No, held the Court of Appeal in  Kostal UK v Dunkley , overturning the  EAT's...

Disability Discrimination: Reliance on Occupational Health

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In the absence of other evidence, will an employer's reliance on occupational health reports to determine whether their employee is disabled be considered a rubber-stamping exercise? Not necessarily, held the EAT in  Kelly v Royal Mail Group Ltd . ...

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