Tag Archives: discrimination claims

Equality Act 2010 does not cover post-employment victimisation

In Rowstock Ltd –v Jessemey, the Employment Appeals Tribunal (EAT) has held that the Equality Act 2010 does not provide protection against post-employment victimisation, which is expressly excluded from provisions of the Act. This case follows a decision to the … Continue reading

Posted in Devonshires, employment | Tagged , , , , | 3 Comments

Caste Discrimination – Equality Act 2010 will not make caste a protected characteristic

In March 2013 the House of Lords agreed an amendment to the Enterprise and Regulatory Reform Bill which would make caste discrimination unlawful under the Equality Act 2010. The Act currently prohibits race discrimination, harassment and victimisation in the workplace.  … Continue reading

Posted in Devonshires, employment | Tagged , , | 1 Comment

Industrial relations concerns cannot on their own justify sex discrimination

In Kenny and ors –v- Minister for Justice, Equality and Law Reform and ors the ECJ has held that the industrial relations concerns of an employer cannot be the sole basis in which it seeks to justify indirect sex discrimination … Continue reading

Posted in Devonshires, employment | Tagged , , , , | Leave a comment

Sunday working and religious discrimination

The EAT has held in the case of Mba –v- Mayor and Burgesses of the London Borough of Merton that Mrs Mba, a Christian, was not indirectly discriminated against by her employer’s requirements that all care workers were required to … Continue reading

Posted in Devonshires | Tagged , , , | Leave a comment

Retirement conversations did not amount to age discrimination

In the case of Quick –v- Cornwall Council and another, the Tribunal dismissed claims of unfair dismissal and age discrimination on the basis that conversations relating to retirement were not discriminatory. In April 2011 the default retirement age was abolished … Continue reading

Posted in Devonshires, employment | Tagged , , | 1 Comment

Equal Pay Claims – limitation extended to 6 years from termination of employment

The landmark ruling in Birmingham City Council –v- Abdulla and others has confirmed that equal pay claims that would usually be out of time if brought in the employment tribunal can proceed as a breach of contract in the High … Continue reading

Posted in Devonshires | Tagged , , , | Leave a comment

The Equality Act 2010 is interpreted to include protection from victimisation for former employees

Before the Equality Act 2010 came into force “post-employment discrimination” was recognised as a legitimate claim.  Indeed under the old discrimination regime involving alleged acts of post employment victimisation, we all recall the newspaper headlines reporting on claims related to … Continue reading

Posted in Devonshires | Tagged , , , | 2 Comments