Category Archives: Discrimination

Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff

What do we already know? We updated you in our Issue 2 Newsletter Coronavirus (COVID-19): Vaccinations – Can employers insist? on the issues involved in introducing a mandatory vaccination policy.  We advised that in certain circumstances it would be more reasonable to make the vaccine mandatory.  In particular, an employer’s Covid-19 risk assessment may find…
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Case update (3):  Disability discrimination – is it ‘long-term’?

Summary:  Can a Tribunal consider events after the date of the discriminatory act when deciding whether an employee’s condition is ‘long-term’ for the purposes of disability status? No, held the Court of Appeal in All Answers Ltd v W and Another, available here. Background:  There are in essence four aspects to the test of whether…
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Case update (1):  Philosophical belief & gender critical beliefs

discrimination definition
Summary:  Do gender critical beliefs, including the belief that sex is binary and irreversible, qualify for protection as a philosophical belief under the Equality Act 2010? Yes, says the EAT in Forstater v CGD Europe available here. Background:  To qualify for protection from discrimination, harassment and victimisation under the Equality Act 2010, an employee must…
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Government reforms (5):  April changes – a reminder

Increase in National Living and Minimum Wage – 1 April 2021 As we updated you in our December 2020 Newsletter Government reforms (3): Increase in national living and minimum wage, the National Living Wage, which currently only applies to workers aged 25 or over, increased by 2.2% and was extended to 23 and 24-year-olds for…
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Case update (2): Equal pay – Comparators

gender pay gap
What do we already know? We updated you in our February 2019 Newsletter Case update (2): Equal pay – Comparators on the Court of Appeal’s decision in Brierley and others v ASDA Stores Ltd that the ASDA store worker claimants were entitled to compare themselves with depot workers in distribution centres. ASDA appealed to the…
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Case update (2): Discrimination – Employer’s defence

discrimination definition
Summary:  Can an employer successfully defend itself against a harassment claim by showing that it provided training to the harasser, regardless of when this took place? No, says the EAT in Allay v Gehlen (available here).  Employers have an ongoing duty to review and refresh training aimed at preventing discrimination, bullying, and harassment.  The training…
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Coronavirus (COVID-19): Vaccinations – Can Employers INSIST?

covid vaccination
Currently, as the UK goes through its priority groups, we are not yet in a situation where everyone has had the opportunity to be vaccinated (whether they wish to be or not). In particular, the priority groups are primarily set on the basis of age. Therefore introducing a mandatory vaccination policy now would likely be…
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Case update (2):  Discrimination – Interim relief

discrimination definition
Summary:  Do Tribunals have the power to grant interim relief for discrimination claims? No, but the current absence of interim relief is probably unlawful, held the EAT in Steer v Stormshore Ltd available here. Background:  Interim relief is where an order is made by the Tribunal for the continuation of the claimant’s employment (including wages)…
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Case update (3):  An employer is justified in discriminating against an employee if the actions reduce company costs and the employer is suffering an absence of means satisfying the ‘COSTS PLUS’ rule

Summary: Is an employer justified in discriminating against an employee if the actions reduce company costs? Yes, says the Court of Appeal in Heskett v Secretary of State for Justice available here, if the employer is suffering an ‘absence of means’. Background:  Where a provision, criterion or practice (“PCP”) planned by an employer impacts on…
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Case update (2):  Discrimination – expanding the scope

Summary:  If an employer announces during a radio interview that they would never hire (or wish to work with) a homosexual, are they guilty of discrimination even in circumstances where there was no hiring process ongoing at the time of the comment? Yes, says the European Court of Justice (CJEU) in NH v. Associazione Avvocatura…
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