Category Archives: Discrimination

Abercrombie & Fitch disability row

The case of Riam Dean, an attractive 22 year old who claims that top fashion store Abercrombie & Fitch relegated her to the stock room due to her prosthetic arm, has received much news coverage. The Guardian reports that: Dean … Continue reading

Posted in Discrimination | 5 Comments

Will the BNP hire BME employees?

Whether or not the Race Relations Act 1976 applies to membership of political parties is uncertain, hence the British National Party’s policy of refusing entry admit non-white members continues unchallenged for the moment. The Guardian reports that this may be … Continue reading

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Costs in the Employment Tribunal

Two recently reported decisions on costs Daleside Nursing Home Ltd v Mathew [2009] UKEAT and Verma v. Harrogate & District NHS Foundation Trust & Anor [2009] UKEAT. By way of reminder, the jurisdiction to order costs in the Tribunal arises in the … Continue reading

Posted in Costs, Discrimination, Employment Tribunal, Remedies | Tagged | 1 Comment

Employee suspended for disclosing anti-gay views in a conversation

The reason that the regulations concerning sexual orientation and religion and belief will cause so many thorny problems is that the latter may well protect opinions and points of views (what else is a religion or philosophical belief?) that are … Continue reading

Posted in Discrimination | 6 Comments

Harassment

The (relatively) new President of the EAT, Mr Justice Underhill, has usefully laid down guidance on harrassment provisions, in the case of Richmond Pharmacology v. Dhaliwal [2009] UKEAT. Until 2003 harassment didn’t exist as a discrete statutory claim, meaning that the … Continue reading

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How can harmony be achieved between believers and non-believers?

There’s an interesting Comment Is Free piece on this issue, which is worth a read, although it poses more questions than it answers. Mark Vernon makes the interesting point that routinely bumping into people whose views are diametrically opposed to … Continue reading

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Equal Opportunities International Conference

I have been emailed the details for the following conference, which may be of interest to some. The topic of Equality, Diversity and Inclusion in times of crisis will be of particular pertinence given the Business Secretary’s recent announcement that … Continue reading

Posted in Discrimination | 2 Comments

Law in Action considers discrimination: religion versus sexuality?

The first item on this week’s Law in Action on Radio 4 is about the perceived conflict between the legal protections against religious discrimination and sexual orientation. It features Amanda Ariss of the Equality Rights Forum, Joanne Owers of the … Continue reading

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Ladele’s flawed burden of proof reasoning redux

The main failing of the tribunal’s decision in Ladele was its failure in applying the reversal of the burden of proof, provided by the discrimination statutes and the leading case of Igen v Wong. In Ladele, the Claimant submitted that … Continue reading

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EAT holds that Malcolm does apply to employment discrimination

In the case of Lewisham v Malcolm, the House of Lords fundamentally changed the law on disability discrimination, holding that the proper comparator was someone to whom the reason for treatment applied, but who was not disabled. Thus, a comparator … Continue reading

Posted in Discrimination | 8 Comments