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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Government reforms (1): Discrimination – ‘caste’ out

Discrimination Dictionary Definition
What do we already know? We updated you in our August 2017 Newsletter Government reforms (2): Discrimination – consultation on caste that the Government was consulting on whether to: prohibit caste discrimination through case law; or specify caste as a protected characteristic in the Equality Act 2010. The consultation closed on 18 September 2017.  …
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Government Reforms (2): Discrimination – consultation on caste

What do we already know? We updated you in our April 2017 Newsletter Government reforms (2): Discrimination – consultation on caste that the Government is currently consulting in respect of caste discrimination. The consultation presents two options: prohibit caste discrimination through case law; or specify caste as a protected characteristic in the Equality Act 2010…
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Government reforms (2): Discrimination – consultation on caste

caste discrimination
What do we already know? We updated you in our May 2013 Newsletter (Government reforms finalised) and our January 2015 Newsletter (Case update (3): Discrimination – protects caste?) that the Enterprise and Regulatory Reform Act amended the Equality Act 2010 to prohibit discrimination on grounds of caste.  The target date was Summer 2015 and the…
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Government reforms (1): Race in the workplace review & response

race in the workplace
What do we already know? In 2016 the Government appointed Baroness McGregor-Smith to lead a review into race in the workplace. The review considered the issues and obstacles faced by businesses and individuals in developing black and minority ethnic (BME) talent, from entry into the workforce through to executive level. What’s new? The review has…
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Case update (2): Discrimination – language barriers at work

Summary: Does an instruction by an employer to an employee not to speak their native language at work amount to race discrimination and harassment? Not if there is a reasonable explanation for the instruction, says the EAT in Kelly v Covance Laboratories available here. Facts: Mrs Kelly, the employee, started contract work in an animal testing…
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Blog: The sense of injustice

PILON
I’ll be writing about Tribunal fees and their effect in a future blog, but right now I’d like to highlight one impact of the introduction of the Tribunal fees, namely that the proportion of discrimination claims in the Tribunal Service case load has significantly increased. This is because, whilst the fees have had a real…
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