indirect discrimination
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Discrimination digest - Case Round-Up: April 2014
In this month’s round-up, Mark Shulman consultant solicitor with Keystone Law looks at recent cases covering discrimination against former employees, whether direct and indirect discrimination can arise from the same circumstances and continuing acts and time limits.
- resources
14/04/2014 08:22
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Little v Richmond Pharmacology Ltd UKEAT/0490/12/LA
Appeal against a finding that the claimant had not suffered indirect sex discrimination after she was refused part time working after her maternity leave, a decision that was then reversed on appeal.
- cases
23/09/2013 09:56
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Haq & Ors v The Audit Commission [2012] EWCA Civ 1621
Appeal against decision in the EAT that a restructuring exercise involving a department merger and pay protection of a senior grade had not resulted in indirect sex discrimination and was objectively justifiable. Appeal dismissed by a majority.
- cases
09/12/2012 10:02
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Mather v Devine & Partners (Bramhall Park Medical Centre) UKEAT/0119/12/JOJ
Appeal against a majority finding that the claimant had not been subject to indirect sex discrimination. Appeal allowed and remitted to a fresh Tribunal.
- cases
04/11/2012 11:40
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Copple v Littlewoods PLC & Ors 2011] EWCA Civ 1281
Appeal arising out of sex discrimination claims relating to pension provision for part-time workers where the claimants were seeking establish that an opt-out principle was a breach of equality for which a remedy must be provided. Appeal dismissed.
- cases
10/11/2011 15:07
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Transport for London & Anor v Aderemi UKEAT/0006/11/SM
Appeal against findings of direct race discrimination and victimisation. Appeal allowed and remitted to a different tribunal.
- cases
06/11/2011 18:14
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Ruhaza v Alexander Hancock Recruitment Ltd UKEAT/0337/10/DM
Appeal by claimant against findings that claims for direct and indirect race discrimination were out of time, as any complained of act was not continuous. Appeal dismissed.
- cases
06/11/2011 18:01
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Audit Commission v Haq & Ors UKEAT/0123/10/LA
Appeal against finding in Equal Pay Act claims that a differential in pay after amalgamation of of posts was indirectly discriminatory and objective justification had not been proved. Appeal allowed.
- cases
18/03/2011 16:53
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Perth & Kinross Council v Townsley UKEATS/0010/10/BI
Appeal against decision by the ET to extend time for an indirect discrimination claim. Appeal succeeded and the entire claim was time barred and dismissed.
- cases
08/10/2010 11:06
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Edwards v Swindon Borough Council UKEAT/0095/10/LA
Appeal against ruling that the claimant was not directly or indirectly discriminated against by reason of her race. On the claim of direct discrimination, the ET accepted the respondent's non-discriminatory explanation of why the claimant was not offered a job. As far as the indirect discrimination claim is concerned, the claimant failed to establish provision, criterion or practice in the respondent’s organisation which puts a person of the claimant’s race or ethnicity at a disadvantage. The EAT, although stating that the Employment Tribunal's reasons were not a model to be followed, ruled that the judgment was Meek compliant. The EAT also agreed with the ET on both claims and dismissed the appeal.
- cases
09/07/2010 15:44
