We round up what caught Tribunal Watch's eye on Twitter in the week beginning 6 May 2013, during which the Queen's Speech included an announcement that the Deregulation Bill will make provision for the removal of the power in the Equality Act 2010 that allows employment tribunals to issue recommendations relating to the employer's whole workforce.
Recently in Discrimination: age Category
A round-up of links to stories about employment tribunal rulings reported in the week beginning 29 April 2013, during which a tribunal rejected an age discrimination claim by a police officer who left after being chosen for redeployment, despite the tribunal describing the police force's cost-cutting exercise as "shambolic".
Employment tribunal decisions reported on XpertHR
Age discrimination: police force's cost-cutting exercise "shambolic" but not discriminatory In age discrimination case Osoba v Chief Constable of the Hertfordshire Constabulary, the police successfully defended a claim by a police officer who left after being chosen for redeployment, but not before the employment tribunal described its cost-cutting exercise as "shambolic" and "to some degree incompetent".
We round up what caught Tribunal Watch's eye on Twitter in the week beginning 4 March 2013, during which the Employment Appeal Tribunal (EAT), faced with contradictory first-instance decisions on s.108(7) of the Equality Act 2010, ruled in Rowstock and another v Jessemey and another that the Act cannot be interpreted to cover post-employment victimisation.
A round-up of links to stories about employment tribunal rulings reported in the week beginning 18 February 2013, including a council worker being awarded £67,995 for unfair dismissal after pointing out inaccuracies in a report about children at risk of abuse.
Council worker who lifted the lid on mistakes in children at risk records wins £70,000 payout for being sacked unfairly (on the Daily Mail website) A council worker sacked after pointing out inaccuracies in a report about children at risk of abuse has been awarded £67,995 in an unfair dismissal case.
Employment tribunal decisions reported on XpertHR
Council fails to provide agency workers information in redundancy and TUPE consultations This tribunal decision provides a stark reminder to employers of the information on agency workers that they have been required to produce during redundancy and TUPE consultations since amendments to legislation made on 1 October 2011.
Age discrimination: tribunal finds degree requirement for promotion was not justified A newly constituted employment tribunal has found that a police force's requirement that its legal advisers have a law degree to be promoted was not justified, in the final chapter in this long-running age discrimination case.
The Employment Appeal Tribunal decision in Heafield v Times Newspaper Ltd highlights again that the context of a remark can often be critical when assessing whether or not it constituted harassment. We look at 10 examples of employment tribunals considering the context in which alleged harassment has taken place.
Age discrimination: "joke" email from manager costs employer £1,500
Growcott v Home Office NIFET/85/09
A manager's joke about the claimant's age that might have been acceptable during a friendly chat was viewed very differently by the tribunal because it was made during a recruitment process.
"Ironside" nickname for wheelchair user was harassment
Davies v Remploy Ltd ET/2407487/09
This case is a good reminder of the difference between remarks that constitute unlawful harassment, and mere offensive language.
Discriminatory comments not directed at claimant were racial harassment
Morgan v Halls of Gloucester ET/1400498/09
A series of inappropriate comments about race by blue-collar workers, not necessarily directed at the claimant, were harassment, held this employment tribunal.
Manager's "sexual favours" remark was not sexual harassment
Dos Santos v Preview Services Ltd ET/2700170/10
In this case, the employment tribunal found that a manager's single remark, despite being of a sexual nature, was intended as a joke and did not amount to sexual harassment.
A round-up of links to news items on employment tribunal rulings in the week beginning 21 January 2013, including an employment tribunal's criticism of the Financial Times editor over the unfair dismissal of a journalist.
Financial Times editor criticised by tribunal over unfair dismissal (on the Guardian website) The Financial Times editor, Lionel Barber, has been criticised by an employment tribunal judge over the unfair dismissal of an award-winning journalist at the title.
We round up what caught Tribunal Watch's eye on Twitter in the week beginning 21 January 2012, including a group of police officers bringing an employment tribunal claim (on the BBC website) over the requirement in police regulations for them to retire after they have served 30 years.
A round-up of links to news items on employment tribunal rulings in the week beginning 14 January 2013, including an employment tribunal drawing an inference of age bias against the claimant from workplace banter related to age, including colleagues nicknaming him "Yoda".
"Yoda" nickname among evidence of age bias against older worker made redundant The employment tribunal held that the employer discriminated against the claimant on the ground of age by making him redundant because he was close to retirement. The tribunal drew an inference of age bias against the claimant from workplace banter related to age, including colleagues nicknaming him "Yoda".
No age discrimination against job applicant rejected after psychometric testing In this unusual case, a job applicant who passed three interview stages, but had her conditional offer of employment withdrawn over poor psychometric testing results, unsuccessfully claimed age discrimination.
Judge upholds guide dogs sacking (on the Get Reading website) A senior manager for Guide Dogs for the Blind who was sacked after he misled his employer over claims he was working from home has lost his case for unfair dismissal.
We round up what caught Tribunal Watch's eye on Twitter in the week beginning 7 January 2012, including a national newspaper's extraordinary misreporting of the routine Employment Appeal Tribunal (EAT) decision in Mba v Mayor and Burgesses of the London Borough of Merton, in which the EAT refused to overturn the employment tribunal decision that a children's home's business requirements outweighed the Christian claimant's desire not to work on Sundays.
In other news, former Channel Four racing pundit, John McCririck, 72, is claiming age discrimination over his replacement by Clare Balding, 41. He says that he will be seeking £3m, including £2.5m in "exemplary, punitive" damages.
A round-up of links to news items on employment tribunal rulings in the week beginning 10 December 2012, including a former Royal Bank of Scotland (RBS) worker defeated in a disability discrimination claim that he was denied the full amount owed under a disability-insurance plan when he lost his sight.
Blind banker loses RBS discrimination tribunal (on the Bloomberg Businessweek website) A blind former Royal Bank of Scotland Group Plc banker, who had to quit after his sight deteriorated, lost a discrimination lawsuit seeking disability benefits worth about £500,000.