discrimination
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July 2016 CPD Questions
9 questions relating to three cases involving termination of employment.
- resources
21/07/2016 17:14
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Warner v B & M Europe and European Patent Office UKEAT/0081/15/RN; UKEAT/0139/16/RN
Appeal against an EJ's order confirming his earlier judgment on reconsideration, holding that the Employment Tribunal had no jurisdiction to hear the Claimant’s complaint of race discrimination and an appeal against another EJ's order refusing the Claimant’s application for reconsideration of that order striking out the Claimant’s complaint under sections 111 and 112 of the Equality Act 2010. Appeals dismissed.
- cases
14/07/2016 10:05
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Nicholson v Hazel House Nursing Home Ltd UKEAT/0241/15/LA
Appeal against a finding that the Claimant was not constructively unfairly dismissed. Appeal allowed and a finding of constructive unfair dismissal was substituted.
- cases
04/07/2016 13:49
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Blackwood v Birmingham & Solihull Mental Health NHS Foundation Trust [2016] EWCA Civ 607
The Appellant claimed to have suffered sex discrimination in connection with a work placement which she was offered as part of her studies to become a nurse, and she brought proceedings in the Employment Tribunal. The issue raised by this appeal is whether the ET had jurisdiction to entertain her claim or whether, as it and the Employment Appeal Tribunal both held, she should have proceeded in the County Court. That depends on whether the claim falls under Part 5 of the Equality Act 2010, which is concerned with discrimination at work, or under Part 6, which is concerned with discrimination in education.
- cases
23/06/2016 23:33
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Mechkarov v Citibank N.A UKEAT/0041/16/DM
Appeal against a decision that the Claimant's post-termination claims should be struck out because they had no reasonable prospect of success.
- cases
22/06/2016 13:10
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Taiwo v Olaigbe and another: Onu v Akwiwu and another [2016] UKSC 31
Conjoined appeals to determine whether appellant migrant workers in a vulnerable position had suffered direct or indirect race discrmination. Appeals dismissed.
- cases
22/06/2016 11:03
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Samira Achbita & Anor v G4S Secure Solutions NV [2016] EUECJ C-157/15
Is a private employer permitted to prohibit a female employee of Muslim faith from wearing a headscarf in the workplace? And is that employer permitted to dismiss her if she refuses to remove the headscarf at work? These are, in essence, the questions which the Court must answer, for the first time in the present case, from the point of view of EU law, and, more specifically, in the light of the prohibition on discrimination based on religion or belief.
- cases
02/06/2016 10:20
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May 2016 CPD Questions
12 questions relating to cases involving striking out claims.
- resources
27/05/2016 14:26
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Striking out - Case Round-Up: May 2016
In this month's round-up, Mark Shulman, consultant solicitor with Keystone Law, looks at recent cases on the principles to be applied when striking out different types of claims.
- resources
17/05/2016 09:28
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Pendleton v Derbyshire County Council & Anor UKEAT/0238/15/LA
Appeal against an ET decision which upheld the Claimant's claims of unfair and wrongful dismissal but dismissed her complaint of indirect belief discrimination. Cross-appeal against the finding of unfair dismissal. The appeal was allowed, the cross-appeal was dismissed.
- cases
16/05/2016 10:48