Hugely important new case on discrimination

We report on a significant and far reaching decision of the European Court of Justice which will significantly extend claims for “indirect discrimination”. Background In broad terms, indirect discrimination occurs where a “provision criterion or practice” puts a group of… Read on

Afghan interpreters unable to bring discrimination claims

The Employment Appeal Tribunal has told 2 Afghani interpreters they cannot bring claims for indirect discrimination against the government. Their claims related to their not being given protection, benefits, and relocation opportunities, despite suffering intimidation and death threats as a… Read on

Expressing negative views on homosexuality: discrimination

In this case, the Claimant, Miss Mbuyi, was dismissed by her employer, Newpark Childcare because of comments she had made during a disciplinary hearing about homosexuality. Miss Mbuyi is a Christian and had said that “homosexuality is a sin”. Dismissing… Read on

‘Support Gay Marriage’ cake: discrimination

Background The County Court has held that a bakery in Northern Ireland directly discriminated against a customer on grounds of his sexual orientation when it refused to bake a cake for him with the slogan “Support Gay Marriage” on it.… Read on

Trip hazard Muslim jilbab: discrimination?

The Employment Appeal Tribunal has recently been asked to decide whether a nursery school’s requirement that a Muslim lady not wear a full-length jilbab – because this would present a tripping hazard – was unlawful discrimination. Background In this case,… Read on

Non-payment of bonus disability discrimination

A bonus scheme penalising employees for their poor sickness records was disability discrimination, holds the EAT, even though the bonus administrator had no knowledge of the disability. Background The employer in this case, the Land Registry, operated a bonus scheme… Read on

Was criminal conviction dismissal discrimination?

Was a disabled employee with Asperger’s syndrome discriminated against by being dismissed following a criminal conviction? No, said the Employment Appeal Tribunal in Hensman v Ministry of Defence. Background Mr Hensman suffered from Asperger’s syndrome. He was dismissed as a… Read on