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Searching Content indexed under Discrimination, Disability & Sexual Harassment by Bird & Bird's Labour & Employment Group ordered by Published Date Descending.
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Age Discrimination - May be Justifiable on Grounds of Cost Alone
In "Woodcock v Cumbria Primary Care" the EAT considered the case of a claimant who had been given notice of redundancy prior to a scheduled formal consultation meeting.
UK
22 Dec 2010
2
Discriminatory Reference - Both Giver and Recipient of Reference Liable
In "Bullimore v Pothecery Witham Weld", the EAT considered the case of a reference given by an ex-employer which unnecessarily mentioned the fact that the claimant had brought a sex discrimination claim against them.
UK
15 Nov 2010
3
Age Regulations - Redundancy 'Cap' Was Legal
In "Kraft Foods UK Ltd v Hastie" the EAT confirmed, not for the first time, that the Employment Equality (Age) Regulations cannot be used to challenge differential payments awarded to employees of different ages or length of service when implementing a redundancy exercise.
UK
30 Sep 2010
4
Discrimination – Remedies: Employer Ordered to Make Public Apology
In "St Andrew's Catholic Primary School v Blundell" the employment tribunal decided that the claimant had been victimised after she claimed sex discrimination and awarded her £291,496 compensation, including £22,000 for injury to feelings.
UK
30 Sep 2010
5
The Equality Act 2010: New Legislation (Labour & Employment - August 2010)
The Equality Act 2010 received Royal Assent on 8 April 2010. The Act brings disability, sex, race and other grounds of discrimination within one piece of legislation, and also makes changes to the law.
UK
18 Aug 2010
6
Case Update: Could Having Voluntarily Come Out at Work Affect a Claim Under the Sexual Orientation Regulations?
In considering whether a gay person has been subjected to unlawful discrimination, a Tribunal must take into account whether he or she had deliberately and voluntarily "come out" as gay.
UK
14 Jul 2010
7
Case Update: How Should a Tribunal Approach the Concept of 'Mental Impairment' in DDA Cases?
J was offered a job by the respondent firm of solicitors (D) in June 2008, subject to completion of a medical questionnaire. In the questionnaire, she disclosed a history of depression dating back to 2005 and the offer was withdrawn.
UK
13 Jul 2010
8
Case Update: Should an Employer Positively Discriminate in Favour of a Pregnant Employee in a Potential Redundancy Situation?
B was an associate solicitor employed in the Real Estate department at Eversheds (E), a firm of solicitors. In 2008 it was decided that redundancies needed to be made in the Real Estate group.
UK
13 Jul 2010
9
Case Update: The Fact That Claimants Had Put Up With Harassment Did Not Mean That It Was Not "Unwanted"
The four claimant waitresses had between one and five years' service each. They alleged that for some years each had been subject to persistent unwanted sexual harassment by the manager of their restaurant.
UK
13 Jul 2010
10
'Without Prejudice' - When Can Settlement Negotiations Be Referred To In Tribunal?
In "Woodward v Santander" the EAT considered the rules that apply to 'without prejudice' communications. The general rule is that any communication made 'without prejudice', that is to say in an effort to settle a claim, cannot be referred to in a court or tribunal.
UK
16 Jun 2010
11
Discrimination - Principal Liable to Contract Worker
In "Leeds City Council v Woodhouse" the claimant worked for a commercial organisation responsible for the management and maintenance of Leeds council housing.
UK
16 Jun 2010
12
Age Discrimination - Retirement Age Does Not Mean Age Discrimination
The Court of Appeal has considered the Employment Equality (Age) Discrimination Regulations 2006 for the first time in the case of "Homer v Chief Constable of West Yorkshire".
UK
24 May 2010
13
Religious Discrimination - Must Discriminate Against an Identifiable Group
In the last chapter of the saga of the 'crucifix case' ("Eweida v BA") the Court of Appeal has said that the claimant in a religious discrimination case will not succeed if they cannot show evidence of disadvantage to a wider group caused by the provision in question – in this case, not being allowed to wear visible jewellery with an open-necked blouse (including a crucifix).
UK
4 May 2010
14
TUPE - Employment Law Update
'Static' interpretation of wage-fixing clause in transferring employees' contracts.
UK
12 Mar 2010
15
Age Discrimination - Local Laws May Be Disapplied Where They Conflict With Directive (Employment Update)
In Kucukdevici v Swedex GmbH the European Court of Justice (ECJ) considered the impact of the age discrimination provisions in the Equal Treatment Directive 2000/78 on a German law designed to provide flexibility in the workplace.
European Union
12 Mar 2010
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