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Searching Content indexed under Discrimination, Disability & Sexual Harassment by Arthur Cox ordered by Published Date Descending.
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European Court Of Justice – Reducing Severance Payments To Reflect Period Of Parental Or Maternity Leave Constitutes Indirect Sex Discrimination
In the recent decision in RE v Praxair MRC SAS, the Court of Justice of the European Union (the "CJEU") has ruled that the calculation of compensation payments for dismissal
European Union
17 Oct 2019
2
Till Death (Or Retirement) Do Us Part: Entitlement To Long-Term Disability Benefits Until Retirement Age Or Death
In ICTS (UK) Ltd v Visram, the UK Employment Appeal Tribunal upheld a decision of an employment tribunal that a claimant's entitlement to compensation for future loss of earnings included loss of long-term disability...
UK
8 Aug 2019
3
Employer Discriminated Against Employee By Asking Her To Keep Her Sexuality A Secret
In the recent case of McMahon v Redwood TTM Limited and Pilling, an UK Employment Tribunal ordered the employer to pay a former employee the sum of £8,000 (plus interest), in the form
Ireland
16 Jul 2019
4
Work – Life Balance: Weighing Up The Benefits And Costs Of The New Parental Leave Entitlements
It would be hard to have missed the Government's recent drive towards improved family entitlements, with the introduction of increased unpaid parental leave and the announcement that paid parental leave is on the way.
Ireland
2 Jul 2019
5
Disciplinary Processes – What Not To Do!
In The Governing Body of Tywyn Primary School v Alpin, the UK Employment Appeal Tribunal ("EAT") recently ruled that the adverse treatment of a gay teacher,
Ireland
25 Jun 2019
6
Equality In The Workplace – Can Employers Prefer Interviewees With ‘Protected Characteristics'?
In a recent UK case, Furlong v The Chief Constable of Cheshire Police, the police force, when interviewing candidates for a role, gave preference to candidates with ‘protected characteristics'...
UK
3 Jun 2019
7
What Your Employer Knows May Hurt You: Less Favourable Treatment By An Employer, On The Basis Of Employer's Religious Belief, Does Not Establish Direct Discrimination
In Gan Menachem Hendon Limited v De Groen, the UK Employment Appeals Tribunal (the "EAT") concluded that the dismissal of a nursery employee
Ireland
1 May 2019
8
Employment Law – Review And Update On Key Legal Issues
Despite the ambiguity surrounding Brexit, employment law has continued to evolve. While Brexit generally remains in limbo, post-Brexit immigration enjoys a degree of certainty and clarity. For example:
UK
26 Apr 2019
9
The Age Old Question – When Is There Age Discrimination?
Employers and courts alike continue to be vexed by issues relating to age as a ground of discrimination. This is not surprising given culturally there is still a level of acceptance regarding "banter"
Ireland
20 Mar 2019
10
Consideration Of The Burden Of Proof In Direct Discrimination Cases
The Court of Appeal of England and Wales recently considered the burden of proof faced by a claimant in a discrimination claim. In Efobi v Royal Mail Group Limited
Ireland
12 Mar 2019
11
Lacking A Disability Proves A Bar To Bringing A Disability Discrimination Claim
The Labour Court has held that an employee without a disability cannot claim disability discrimination for being treated less favourably than a person with a disability.
Ireland
6 Mar 2019
12
Lecturer With ‘Non-PC' Views Not Protected By UK Employment Equality Legislation
A UK Employment Tribunal has found that those who express ‘non-PC' views in the workplace cannot expect to claim a right to those beliefs in an employment equality context.
UK
21 Feb 2019
13
Employers Should Exercise Caution When Dismissing Employees Awaiting Or In Receipt Of Long-Term Disability Benefits
Before deciding to dismiss an employee on the grounds of medical incapability, an employer will have its obligation to reasonably accommodate the employee under the Employment Equality Acts
Ireland
18 Jan 2019
14
Gender Equality In The Workplace – What Measures Can Be Taken To Advance The Underrepresented Gender?
We have been hearing much on the topic of gender equality in the workplace in recent times. Earlier this year, the Government published the general scheme of a Bill ...
Ireland
17 Dec 2018
15
'Tis The Season: Employers Beware As Company Vicariously Liable For The Conduct Of Company Director At Social Event
With Christmas just around the corner, a recent UK Court of Appeal decision will serve as a timely reminder to employers that they can be held vicariously liable for the conduct of employees at social events ...
UK
11 Dec 2018
16
Refusal To Supply "Support Gay Marriage" Cake Not Discriminatory
The UK Supreme Court has held that a Belfast bakery did not discriminate against a gay man when it refused to provide him with a cake bearing a message of support for same-sex marriage...
Ireland
13 Nov 2018
17
WRC Awards €30,000 Where Employer Fails To Meaningfully Engage With Request For Reasonable Accommodation
A recent decision of the Workplace Relations Commission (ADJ-00011821) emphasises the importance of employers' statutory obligations to employees with disabilities.
Ireland
26 Oct 2018
18
Caution Urged When Compulsorily Retiring An Employee
In a recent case, John O'Brien v PPI Adhesive Plastics, the WRC ordered a company to pay its former employee €35,000 for compulsorily retiring him despite his wish to stay on in his job.
Ireland
4 Oct 2018
19
Gender Pay Gap Reporting Back On The Agenda For Irish Employers: Publication Of The General Scheme Of The Gender Pay Gap Information Bill 2018
A recent Private Members' Bill, the Irish Human Rights and Equality Commission (Gender Pay Gap) Information Bill 2017, sought to introduce gender pay gap reporting in Ireland.
Ireland
3 Sep 2018
20
Reasonable Accommodations For Disabled Employees – How Far Must An Employer Go?
In the past few days, there has been widespread media coverage of former Newcastle United Football club star Jonas Gutierrez's successful disability discrimination claim against his old club.
Ireland
22 Apr 2016
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