Employment Law Vault

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 . ...