Cases on employment

This case suggests there may be a claim for indirect discrimination against an employer who does not take adequate action against harassment by third parties such as customers. The employment tribunal held the employer liable as regards its failure to ensure all racial abuse was reported. However this part of its decision was not appealed, … Read moreBessong v Pennine Care NHS Foundation Trust

The Court of Appeal held it was not disability discrimination on the facts to refuse to send an employee on an assignment to Dubai because of high medical risk. The case is of interest on direct disability discrimination – it is not enough that the reason for less favourable treatment is ‘indissociable’ from the disability. … Read moreOwen v Amec Foster Wheeler Energy

For the first time, an appeal court has upheld a claim that (direct) discrimination because the claimant was perceived to have a disability is unlawful under the Equality Act. The claimant did not need to show she actually had a disability. The court also discussed the boundaries of direct discrimination. (More on Perceived disability). June … Read morePerceived disability: Chief Constable of Norfolk v Coffey

The claimant was entitled to an early pension only because of his disability, but it was less than it would have been for a disability which came on suddenly. It was less because he had reduced his working hours because of his disability. The Supreme Court held there was no ‘unfavourable treatment’ within s.15 Equality … Read moreTrustees of Swansea University Pension & Assurance Scheme v Williams

The Court of Appeal held that failure of managers to do enough to prevent harassment by a third party was only a breach of the Equality Act if the manager had a discriminatory motivation. Howerer in the present case the union was liable anyway because the harassment was by officials who were its agents. Also … Read moreUnite the Union v Nailard

The EAT held that lifting weights in a warehouse up to 25kg was a normal day to day activity, even where the employer expected staff to do it at a particular speed (pick rate). The claimant’s back problem meant he did it significantly more slowly. The impairment therefore had a substantial effect on his ability … Read moreBanaszczyk v Booker

An employment tribunal had held (and it was not appealed) that victimisation “on an associative basis”, ie because of a protected act (eg a discrimination claim) by somone else, is covered by the Equality Act. The EAT held the key issue is not how far there was some association between the claimant and the person … Read moreThompson v London Central Bus

In deciding whether a dismissal (or other act) by a sole decision-maker is direct discrimination, the court looks only at the motivation of that decision-maker. However inputs into the decision, such as reports, could be separate acts of discrimination. Also it is different where a decision was made jointly. 2015, Court of Appeal (bailii.org) The … Read moreCLFIS (UK) Ltd v Reynolds

The court found it was unlawful discrimination contrary to Article 14 ECHR to dismiss an employee because of his colleagues’ fears about him being HIV positive. Article 14 (non-discrimination) could apply because the case fell within the ambit of Article 8 (right to private life). European Court of Human Rights (ECtHR), October 2013. Full decision: … Read moreIB v Greece