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Jul
17
2019

Disability discrimination: No constructive knowledge where claimant had suppressed information

The Claimant was dismissed by the Respondent due to poor attendance. This poor attendance arose as a consequence of the Claimant’s disabilities. ..

Jul
04
2019

Christian Claimant dismissed because of the way he expressed his beliefs and not the beliefs themselves

In the recent EAT judgement in Page v NHS Trust Development, the Claimant’s appeal was dismissed finding that the Trust had not discriminated when removing the Claimant from office. ..

Jul
04
2019

Direct discrimination based on perceived disability upheld by Court of Appeal

In the first perceived disability case to be heard by the Court of Appeal, the court has upheld the decision that a police officer with marginal hearing loss suffered direct..

Jul
01
2019

Depression does not affect exclusively one part of cognitive functioning

In the recent case of Mr D Wilkinson v Emovis Operations Leeds Ltd: 1809825/2018, the Employment Tribunal did not accept that depression impacts only one part of an individual’s cognitive..

Jun
21
2019

New international labour standard on violence and harassment at work

For over 20 years, Clarkslegal has been an integral part of the UK delegation to the International Labour Organisation (ILO), the United Nations agency which sets international labour standards and..

Jun
20
2019

Employer’s allocation of training duties found to be discriminatory for employee for whom English was not his first language

In the recent case of Khawaja v Transport for London, a Tribunal found that an employee had been subjected to direct race discrimination by his manager in respect of the..

Jun
14
2019

Non-Disclosure Agreements (NDAs) in discrimination cases

The Women and Equalities Select Committee (“WESC”) has called for the government to either ban or reset the parameters on which NDAs are used by employers to silence employees’ allegations..

Jun
07
2019

The use of medical aids, including contact lenses, when assessing disability

The recent case of Mart v Assessment Services Inc has brought the question of disability and medical treatment to the forefront once again. The Equality Act 2010 offers special protection..

Jun
07
2019

Failure to pay sum offered during cross-examination was not victimisation

This is according to the recent EAT decision in Aston v The Marlet Group. The EAT dismissed the claimant’s victimisation claim, considering the law on the judicial proceedings immunity and..

Jun
05
2019

Avoiding the pitfalls of positive action

In Furlong v Chief Constable of Cheshire Police an employment tribunal unanimously found that a police force’s recruitment process directly discriminated against a white, heterosexual, male applicant in the first..



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