The Employment Appeal Tribunal has upheld a claim for direct discrimination based on perceived disability. An employer rejected the Claimant's job application after perceiving that the applicant had a progressive condition which amounted to a disability under the Equality Act 2010. The Tribunal found that...
On 20 October 2017, the government disclosed the refund scheme for selected applicants. The government has now disclosed the full refund scheme including refunds for Employment Appeal Tribunal fees. The scheme is open to claimants and respondents who paid a fee, respondents who reimbursed fees...
The case known as “Vento” is the leading case which sets down three bands of compensation for injury to feelings to be awarded if a Claimant is successful. On 5th September 2017, a Joint Presidential Guidance was issued which increased the bands for injury to...
Advocate General Sharpston has given her view that the Pregnant Workers Directive (92/85/EEC) should protect workers against dismissal from the moment they become pregnant, even before they have notified their employer of the pregnancy. The Advocate General identified a tension in the directive between the...
The Supreme Court has declared that employment tribunal and EAT fees are unlawful, under both domestic and EU Law, and has quashed the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (SI 2013/1893), on the basis that it prevents access to justice. The...
An employment tribunal has upheld a male employee's claim that his employer's failure to pay enhanced shared parental pay, in circumstances where it did pay enhanced maternity pay, amounted to direct sex discrimination. The tribunal decided that the comparison between a man on shared parental...
The EAT has upheld a tribunal's decision that making an employee redundant after a period of disability-related sickness absence was not discrimination arising from disability. Although it had become apparent to the employer during the employee's absence that it could manage without his post, this...
The EAT has upheld the decision of an employment tribunal that a job applicant with Asperger's suffered indirect disability discrimination when her prospective employer required her to undergo a multiple choice test and refused to adjust the format of the test. The requirement was a...
The Court of Appeal has held by a majority that, where there is no contractual provision governing when a notice of termination served by an employer takes effect, the contractual notice only takes effect when the employee has personally taken delivery of the letter containing...
The ECJ has given judgment that a Belgian company's dress code banning employees from wearing any visible religious, political or philosophical symbols in the workplace, which was used to prevent a Muslim employee from wearing an Islamic headscarf, did not amount to direct discrimination. The...
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