The rules on the burden of proof in discrimination cases have been discussed on this blog quite recently – the case of Kenney v Ministry of Defence is nicely illustrative of a case where the Claimant fails to cross the first hurdle, in other words that she failed to prove on the balance of probabilities [...]
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In the US, many civil actions are tried by juries, including some employment jurisdictions. This has one obvious drawback:
…although I’ve heard reasoned judgments which were about as thorough… Personnel Today reports that the government have reached a deal with unions to extend the full rate of the NMW to 21 year olds, “subject to advice from the Low Pay Commission.” We can guess what that advice will be, given that the Commission has been calling for this change for years. Also, the government will [...] Recently I posted on the Army becoming a Stonewall Diversity Champion – their dramatic change of approach over the years met with little interest. Compare and contrast with the situation in the USA, with their odd ‘Don’t ask, don’t tell‘ policy. The effect of the policy is to forbid LGB service personnel from disclosing or discussing [...] This post is somewhat off-topic, although I justify it as relevant to careers in general. I am a former solicitor who is transferring to the bar, and I’m currently in my pupillage. As a result, through visits to my Inn, chats during my call night, and most of all in the last few weeks whilst my [...] You wait ages for reports of decisions on injury to feelings awards, and two turn up at once. Following on from my last post about a gay member of staff bullied because of his sexuality, this is a more ‘traditional’ claim of workplace harassment of a female member of staff by her male manager. To summarise [...] Stephen Price, an openly-gay practising Christian, won his tribunal claim against the Presbyterian Church in Wales. A BBC report and ’steps-of-the-tribunal’ interview is here. Although it’s an obvious headline-grabber there’s not much surprising here legally; once the tribunal had come to the decision that Price had suffered serious name-calling, bullying at the hands of his awful [...] In dramatic style, Stonewall has named the Army as its 400th Diversity Champion. It must be remembered that it has only been a few years since the RAF went to Strasbourg to defend an outright ban on gay service personnel. Stonewall quote General Sir Richard Dannatt, Chief of the General Staff, as saying: I am delighted that [...] Interesting article in the Times interviewing Nicola Brewer, the chief executive of the Equalities and Human Rights Commission. She says that although maternity rights have been important, it is “an inconvenient truth that giving women a year off work after the birth of each child … was making employers think twice before offering a job [...] I regret having done such a long post on why Lillian Ladele might have won her religious discrimination claim in Ladele v London Borough of Islington, only for someone to kindly point me in the direction of the full judgment the next day. Anyway, props to Head of Legal and Family Lore for being on [...] |
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