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Case roundup: Race discrimination and payments on termination

This report relates to 2 case(s)

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    Garry v London Borough of Ealing [2001] IRLR 681 CA (4 other reports)

    • Race discrimination: Continued investigation of which employee was unaware was a detriment

      Date:
      17 December 2001

      The Court of Appeal holds that when an employer continued an investigation into the activities of a black female employee for longer than an ordinary investigation would have taken, for reasons connected with her ethnic origin, the employer subjected her to a "detriment" within the meaning of the Race Relations Act 1976. We review the case of Garry v London Borough of Ealing.

    • Courts of Appeal conflict over definition of detriment

      Date:
      1 October 2001

      Two apparently contradictory judgements address whether treatment must have any material consequences to constitute a detriment under discrimination law. Plus, cases on Tupe, termination payments and unfair dismissal for misconduct unrelated to employment

    • On appeal

      Date:
      25 September 2001

      Continuing our regular series spelling out the implications of important cases which have been heard recently in the appeal courts.

    • Broad construction of detrimental treatment

      Date:
      1 September 2001

      The Court of Appeal in Garry v London Borough of Ealing has found that a black employee was subjected to a "detriment" within the meaning of s.4(2)(c) of the Race Relations Act when, for reasons connected with her ethnic origin, an investigation by her employers into her activities was continued longer than an ordinary investigation would have been.

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    Witley and District Men's Club v Mackay [2001] IRLR 595 EAT (3 other reports)

    • Courts of Appeal conflict over definition of detriment

      Date:
      1 October 2001

      Two apparently contradictory judgements address whether treatment must have any material consequences to constitute a detriment under discrimination law. Plus, cases on Tupe, termination payments and unfair dismissal for misconduct unrelated to employment

    • On appeal

      Date:
      25 September 2001

      Continuing our regular series spelling out the implications of important cases which have been heard recently in the appeal courts.

    • Working time: Provision in contract for withholding accrued holiday pay was void

      Date:
      1 August 2001

      In Witley & District Mens Club v Mackay, the EAT holds that a provision in a collective agreement denying pay in lieu of outstanding holiday entitlement to a worker dismissed for dishonesty, which was incorporated into his contract of employment, was rendered void by the Working Time Regulations 1998.

This week's case roundup, covering the meaning of a "detriment" within race discrimination and payment in lieu of accrued but untaken holiday on termination of employment.