Employment Discrimination in UK Law
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Archibald v Fife Council
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In the latter two, men and women or black and white, as the case may be, are opposite sides of the same coin. Treating women more favourably than men discriminates against men. The 1995 Act, however, does not regard the differences between disabled people and others as irrelevant. It expects reasonable adjustments to be made to cater for the special needs of disabled people. It necessarily entails an element of more favourable treatment.
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Barclays Bank Plc v Kapur
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In the present case the Court of Appeal were in my view right to approve these two decisions and to classify the pension provisions as a continuing act lasting throughout the period of employment and so governed by subsection (7)( b). The matter can be further tested by taking the case of an employer who before the Act was passed paid lower wages to his coloured employees than to his white employees.
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Madarassy v Nomura International Plc
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The bare facts of a difference in status and a difference in treatment only indicate a possibility of discrimination. They are not, without more, sufficient material from which a tribunal “could conclude” that, on the balance of probabilities, the respondent had committed an unlawful act of discrimination.
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Glasgow City Council v Zafar (No.2)
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If he is not a reasonable employer he might well have treated another employee in just the same unsatisfactory way as he treated the complainant in which case he would not have treated the complainant "less favourably" for the purposes of the Act of 1976. The fact that, for the purposes of the law of unfair dismissal, an employer has acted unreasonably casts no light whatsoever on the question whether he has treated the employee "less favourably" for the purposes of the Act of 1976.
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Wong v Igen Ltd (formerly Leeds Careers Guidance) and Others; Emokpae v Chamberlin Solicitors and another; Webster v Brunel University
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The first stage requires the complainant to prove facts from which the ET could, apart from the section, conclude in the absence of an adequate explanation that the respondent has committed, or is to be treated as having committed, the unlawful act of discrimination against the complainant.
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Essop and Others v Home Office (UK Border Agency)
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Direct discrimination expressly requires a causal link between the less favourable treatment and the protected characteristic. It is dealing with hidden barriers which are not easy to anticipate or to spot.
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Nagarajan v London Regional Transport
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Save in obvious cases, answering the crucial question will call for some consideration of the mental processes of the alleged discriminator. Treatment, favourable or unfavourable, is a consequence which follows from a decision. Direct evidence of a decision to discriminate on racial grounds will seldom be forthcoming. Usually the grounds of the decision will have to be deduced, or inferred, from the surrounding circumstances.
- The Employment Tribunals (Interest on Awards in Discrimination Cases)(Amendment) Regulations 2013
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Employment Act 2008
... ... 41) (equality clauses) Section 63 of the Sex Discrimination Act 1975 (c. 65) (discrimination in the employment field) Section 54 of the Race Relations Act 1976 (c. 74) (discrimination in the employment field) ... ...
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Equal Pay Act (Northern Ireland) 1970
... ... Ireland) 1970 F1 1970 CHAPTER 32 An Act to prevent discrimination, as regards terms and conditions of employment, between men and women ... ...
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Equality Act 2010
... ... and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable ... —(a) in the arrangements A makes for deciding to whom to offer employment;(b) as to the terms on which A offers B employment;(c) by not offering B ... ...
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The impact of recent employment-discrimination decisions. A guide for the small business owner
Purpose: – The purpose of this paper is to inform small business owners about recent Supreme Court rulings interpreting Title VII of the Civil Rights Act. Design/methodology/approach: – A review o...
- Differences in the nature of employment discrimination litigation between private sector organizations and public sector organizations
- EMPLOYMENT DISCRIMINATION AND THE EMPLOYER TASTES MODEL
- LAW ENFORCEMENT BY REGULATORY AGENCY: THE CASE OF EMPLOYMENT DISCRIMINATION IN NORTHERN IRELAND1
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Fees To Prevent Vexatious Employment Discrimination Suits?
The number of UK employment cases plunging? We asked about this earlier when we wrote that the UK Ministry of Justice released employment tribunal stats for the first quarter of 2014, and accordin...
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HR Two Minute Monthly: whistleblowing; religion or belief discrimination; employment status
Our October update considers recent developments in employment law, including cases on the whistleblowing public interest test, whether vegetarianism is a protected belief under discrimination law,...
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UK Cancer Patients Report Increase in Employment Discrimination And Harassment
Although the UK Equality Act, like the US ADA, prohibits disability discrimination, a Macmillan Cancer Support/YouGov online survey says that 37% of employees who undergo cancer treatment report di...
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Employment News: discrimination, strikes, Queen's speech
Coming clean – false reason for dismissal shifted burden of proof - In Base Childrenswear Ltd v Otshudi the Court of Appeal confirmed that giving a false reason for dismissal and persisting with...
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T426)
Includes the refund form for claimants.... ... register at https://www.gov.uk/employment-tribunal-decisions ... Presidential Guidance ... Under the Employment ... In England and Wales ... If your case concerns discrimination in employment, you may be eligible for free ... legal aid advice ... ...
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T420)
Includes the refund form for claimants....Making a claim to an Employment Tribunal ... This publication also applies if you are appealing against: ... has violated your rights or make a recommendation in a discrimination ... case that the respondent take action to reduce the likelihood of the ... ...
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guidance for claimants and respondents (T425)
Includes the refund form for claimants.... ... Introduction ... This booklet explains the different types of Employment Tribunal hearings, how to prepare ... for them, what happens at them and ... claiming. In an unfair dismissal case or discrimination claim involving loss of employment, ... you must be able to show what ... ...
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T422)
Includes the refund form for claimants....Responding to a claim to an Employment Tribunal ... Presidential Guidance ... Under the Employment Tribunal Rules ... , including age, earnings, and for cases involving discrimination, injury to ... feelings. Awards for injury to feelings will be based on ... ...