Category: Discrimination

Employment Tribunal – Supporting a football club does not amount to a protected philosophical belief within the meaning of the Equality Act 2010

The Claimant, a Rangers Football Club supporter of 42 years was a member of the club and received birthday cards from the club. He believed supporting Rangers was as important to him as attending church is for religious people. The Equality Act 2010 prohibits direct discrimination, indirect discrimination and harassment in the workplace in respect … Read more

EAT upholds Employment Tribunal decision that Christian doctor was not discriminated against

In Mackereth v DWP [2022] EAT 99, the Employment Appeal Tribunal heard an appeal against the dismissal of discrimination claims where the claimant had refused to agree to the use of preferred pronouns due to religious reasons. The claimant, a Christian doctor was employed as a health and disabilities assessor where the role was to … Read more

nal were ultimately right to strike out disability discrimination claim when the employer only knew of the disability following dismissal (EAT)

Overview The EAT in Stott v Ralli Ltd. (HHJ Auerbach) has held that a tribunal was ultimately correct to strike out an employee’s disability discrimination claim. However, the Tribunal had fallen into error by failing to make a specific finding about whether the “something” for which the employee was dismissed, being her poor performance, arose in … Read more

Tribunal were wrong to strike out menopause disability and sex discrimination claims (EAT)

Overview The EAT (HHJ Tayler) has held that a tribunal erred in holding that an employee suffering from menopausal symptoms was not disabled under the Equality Act 2010, and in dismissing her disability and sex discrimination, harassment and victimisation claims. The tribunal’s judgment failed to properly analyse the claims and consider the evidence presented to … Read more

Tribunal should have taken judicial notice of “childcare disparity” in an indirect sex discrimination claim (EAT)

Summary The Employment Appeal Tribunal has held that a tribunal hearing an indirect sex discrimination claim erred by failing to take judicial notice of what it referred to as the “childcare disparity”, namely that women, because of their childcare responsibilities, were less likely to be able to accommodate certain working patterns than men. Facts Mrs … Read more

Employment Appeals Tribunal considers if dismissing a teacher at an ultra-orthodox Jewish nursery who refused to lie about living with her boyfriend is discrimination on the grounds of religion or belief

Ms De Groen was employed as a teacher in a Jewish nursery. The nursery was run by Gan Menachem Hendon Ltd in accordance with ultra-orthodox Chabad principles. At a barbeque where parents were present, the teacher’s boyfriend revealed that they lived together which was against the beliefs of ultra-orthodox Jews. The teacher was dismissed after … Read more

Discrimination

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