Category Archives: Discrimination

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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Case update (1): Disability discrimination – It’s all in the timing

Summary:  Can employees succeed in a discrimination claim in relation to acts which occur before their condition amounts to a disability? No, says the EAT in Tesco Stores Ltd v Tennant, available here. Background:   A physical or mental condition only amounts to a disability under the Equality Act 2010 if it “has a substantial and…
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Helpful new guidance from ACAS on NDAs

sexual harrassment in the workplace
What do we already know? We updated you in our July and August Newsletters on the Government’s consultations in relation to sexual harassment in 2019 (see here and here).  We also updated you in our November Newsletter on the Government’s response to the Women and Equalities Committee’s (WESC’s) report on the use of non-disclosure agreements (NDAs) in discrimination…
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Guidance (1): ECHR on sexual harassment

sexual harrassment in the workplace
The Equality and Human Rights Commission (EHRC) has issued up-to-date practical guidance (available here), which explains employers’ legal responsibilities and the practical steps they should take to prevent and respond to harassment and victimisation at work. The guidance also provides advice for workers to help them understand the law and their employer’s obligations to prevent…
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Case update (1): Discrimination – Are Ethical Vegans Protected?

vegetarian
What do we already know? In our October 2019 Newsletter Case update (2): Discrimination – are vegetarians protected?, we updated you on the case of Conisbee v Crossley Farms Limited, in which the Tribunal decided that vegetarianism was not a protected belief under discrimination law. The Tribunal’s reasons were that there are a wide variety…
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Government reforms (1):  Non-disclosure agreements (NDAs) – Response to WESC report

sexual harrassment in the workplace
What do we already know? In June 2019, the Women and Equalities Select Committee (WESC) published its report on the use of confidentiality clauses, which are also known as Non-Disclosure Agreements (NDAs), in discrimination and harassment cases. The WESC concluded that the imbalance of bargaining power between employers and employees is a key driver behind…
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Case update (3): Discrimination – Beware False Reasons for Dismissal 

dismissed
Summary:  If an employer lies (albeit in good faith) about the reason for dismissal, is that enough to shift the burden of proof in a discrimination case? Yes, says the Court of Appeal in Base Childrenswear Ltd v Otshudi available here. Facts:  The employee, Ms Otshudi, worked at Base Childrenswear Ltd, the employer. The employee…
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Settlement Agreements: Cost of Legal Advice 

signing an agreement
What do we already know? Settlement agreements are often used to agree a settlement to a dispute with an employee, or bring an end to the employment relationship in an amicable way. An employee agrees to waive any claims against their employer in return for a compensation payment. In order for this waiver to be…
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Case update (1): Discrimination – Philosophical Belief and Intellectual Property 

discrimination definition
Summary:  Did the dismissal of an employee for asserting her moral right to own the copyright to her own creative works amount to discrimination on the grounds of belief? No, held the Court of Appeal in Gray v Mulberry Company (Design) Limited, available here. Background:  The Equality Act 2010 provides protection against discrimination which relates…
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New Guidance – 2. EHRC Guidance on NDAs in Discrimination Cases

signing an agreement
What do we already know? We updated you in our August 2019 Newsletter (Government reforms (3): Response to Consultation on Confidentiality Clauses) that the Government has said that it will legislate to ensure that limitations on non-disclosure agreements (NDAs) are set out clearly in written statements of employment particulars and in settlement agreements.  The Government…
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