New Case on Burden of Proof in Discrimination Cases

Generally speaking, the burden of proof in civil proceedings is on the person who brings a claim in a dispute. So, for example, it is necessary for an employee bringing a claim in respect of an underpayment of wages to… Read on

Father wins sex discrimination claim for maternity pay

The Employment Tribunal in Mr Ali v Capita Customer Management Limited 2017 confirms father is entitled to the same rate of enhanced as mother under maternity leave policy. Background In this case, an employer’s maternity policy granted women the right… Read on

Asperger Syndrome: multiple choice was discrimination

Was an applicant with Asperger Syndrome put at a particular disadvantage by a multiple choice test? Was this form of assessment justified? Background We report on a recent decision of the Employment Appeal Tribunal in the case of Government Legal… Read on

Religious belief discrimination case

We report on a case where it was held not to be indirect discrimination on grounds of religion or belief for an employee to be refused holiday to attend religious festivals. Background The Claimant in this case, Mr Gareddu, claimed… Read on

Subway – autistic agency employee – discrimination

A Subway sandwich store employment agency has recently been found guilty of discriminating against an autistic employee, and has suffered a £15,484 Tribunal award. Background The employer in this case was Regal Consultancy Limited, who supplies staff to Subway stores… Read on

Discrimination by agent (not employer)

We report on a case where a union was held to be liable because of the actions of its officials who were actually employed by a third party, Heathrow Airport, not the union. Background In this case (Unite Union v.… Read on

Ban on Islamic head scarf: direct discrimination

The Advocate General of the European Court of Justice has recently considered a case in France, where there was a blanket prohibition on Islamic head scarves in a company. This was found to be direct discrimination, and further, because it… Read on