Recently in Discrimination: sex Category

A round-up of links to stories about employment tribunal rulings reported in the week beginning 13 May 2013, during which a tribunal heard a religion or belief discrimination claim by a Christian telesales worker that he was required to lie to potential customers to make sales.

Christian telesales employee tells tribunal he objected to "lying" to make sales (on the Personnel Today website) A Christian telesales worker has told an employment tribunal that being required to lie to potential customers to make sales was against his beliefs.

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.

The news that Kent youth PCC Paris Brown has resigned after a Twitter row and two police employees resigned in 2012 for misuse of Facebook (on the BBC website) suggests that employers are still having issues with employees' social media activities. We round up ten employment cases involving Facebook.

Facebook entry and YouTube video led to amateur model's dismissal
Gill v SAS Ground Services UK Limited ET/2705021/09
Employers can use entries on websites such as Facebook and YouTube as evidence in disciplinary proceedings, as this case demonstrates.

Facebook page criticising employer did not justify dismissal
Stephens v Halfords plc ET/1700796/10
Employees' entries on social media critical that are of their employer will not always justify dismissal, as this case demonstrates.

Abusive Facebook comments led to pub shift manager's dismissal
Preece v JD Wetherspoons plc ET/2104806/10
In this case, an employee's inappropriate use of Facebook after a workplace incident led to her summary dismissal.

Employee who commented on Facebook that she worked "in a nursery" was unfairly dismissed
Whitham v Club 24 Ltd t/a Ventura ET/1810462/10
An increasing number of tribunal cases involve employees making work-related comments on Facebook. This case shows that derogatory comments will by no means always justify dismissal.

Apple's dismissal of employee for adverse Facebook comments not unfair or breach of human rights
Crisp v Apple Retail (UK) Ltd ET/1500258/11
In this case, one of the world's most prominent consumer technology companies, Apple, used its policies and procedures to dismiss fairly an employee who had made several Facebook posts that it considered could damage its reputation.

A round-up of links to stories about employment tribunal rulings reported in the week beginning 25 March 2013, including an award of 45 days' pay to 36 call centre workers for Capita's failure to provide Unison with information on agency workers when consulting on proposed redundancies.

Unison victory for Lambeth Council workers (on the Unison website) Capita has been found to have not provided information on agency workers to consult fully with Unison in relation to the proposed redundancy of 36 call centre workers.

Note: In February 2013, another employment tribunal found in Unison v London Borough of Barnet and another that Barnet Council was in breach of its duty to provide Unison with the required information on agency workers during redundancy and TUPE consultations.

A round-up of links to stories about employment tribunal rulings reported in the week beginning 4 March 2013, including an employment tribunal finding that a bagpipes instructor who taught part time at an independent school in Scotland is self-employed and not an employee.

Craigclowan School bagpipes instructor loses tribunal claim (on the Courier website) A bagpipes instructor who taught at a Perth independent school for more than 16 years has lost his bid to be given the same status as other members of staff.

We round up what caught Tribunal Watch's eye on Twitter in the week beginning 25 February 2013, during which Acas launched its draft code of practice on the extended right to request flexible working, which, along with a requirement for employers to deal with requests "in a reasonable manner", will replace the detailed statutory procedure. When it is introduced, the code will be taken into account by employment tribunals that are considering cases involving the right to request flexible working.

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.

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 4 February 2013, including a tribunal finding that Barnet Council was in breach of its duty to provide Unison with the required information on agency workers during redundancy and TUPE consultations.

Unison wins landmark legal decisions for Barnet Council workers (on the Barnet Unison website) Barnet Council workers are set to receive compensation after the employment tribunal in Watford ruled that the council was in breach of its duty to provide Unison with the required information on agency workers during redundancy and TUPE consultations.

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.