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Results: 1-9 of 9

Indirect discrimination and "group disadvantage"

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • August 11 2011

The EAT has allowed an appeal of the case of Chatwal v Wandsworth Borough Council against a decision of the Tribunal that a requirement to clean a communal fridge did not amount to indirect religious discrimination against Sikhs, on the basis that the claimant could not show that a significant number of others of the same religion shared his belief that he could not touch or come into contact with meat, and so he could not establish "group disadvantage"

Employee remanded in custody not entitled to wages

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • June 10 2011

The EAT has held, in the case of Burns v Santander UK plc, that an employee who is remanded in custody for six months while awaiting trial was not entitled to claim wages for that period

Fixed term employees regulations did not protect teachers at European schools

  • Shepherd & Wedderburn LLP
  • -
  • European Union, United Kingdom
  • -
  • April 14 2011

The Supreme Court has ruled that a government department's use of successive fixed term contracts for teachers working in European schools was objectively justified, as a rule was in place stating that the teachers could only work in the schools for a maximum period of nine years (Duncombe and others v Secretary of State for Children, Schools and Families

Information tribunal rules that compromise agreement is partially disclosable

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • March 24 2011

The First-tier Tribunal (Information Rights) has recently held, in the case of T W Gibson v Information Commissioner, that a District Council was required to disclose the financial details of its former Chief Executive Officer's Compromise Agreement, because it concerned the use of public funds

Reasonable adjustments swapping jobs

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • June 11 2010

In the recent case of Chief Constable of South Yorkshire Police v Jelic, the EAT held that a reasonable adjustment for the purposes of the Disability Discrimination Act can include swapping the job of a disabled employee with that of another employee

Employee in breach of implied duty of trust and confidence cannot claim constructive dismissal

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • March 11 2010

The EAT has held, in the case of Aberdeen City Council v McNeill, that an employee, who at the time of their resignation is themselves in breach of the implied duty of trust and confidence, is not entitled to claim constructive dismissal on the basis of the employer's breach of trust and confidence

EAT decision on combined indirect sex and race discrimination

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • November 17 2009

In Ministry of Defence v DeBique, the EAT upheld a tribunal's decision that a female soldier from a Commonwealth country, who was also a single parent, was indirectly discriminated against on the grounds of sex and race

Age discriminatory pay protection always potentially justifiable

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • November 12 2009

In Pulham v London Borough of Barking and Dagenham, the EAT has held that, unlike the position in relation to sex discrimination and equal pay, pay protection arrangements that discriminate on the basis of age are always potentially justifiable

A question of political judgement? Judicial review and the Ombudsman

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • April 3 2007

In our increasingly litigious society, a complaint to the Ombudsman is typically viewed as a means of seeking a political, rather than legal, remedy in cases of maladministration