Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.
A consultant who was not awarded a discretionary point under the NHS Discretionary Award Scheme was unlawfully discriminated against on grounds of race, as the procedures for awarding points lacked objectivity, holds a Southampton employment tribunal (Chair: S J W Scott) in Nasr v Salisbury Health Care NHS Trust.
A Leeds tribunal (Chair: D R Sneath) in Anthony v Marlows Limited t/a Marlows Restaurant recommends that an employer makes clear to its customers, through a printed notice, that it is an equal opportunities employer and that customers should treat all staff with respect regardless of race, sex or disability.
In Anirah v Asda Stores Ltd a Stratford employment tribunal (Chair: V K Gay) rejects an employer's defence that in creating and publishing an equality policy and training its staff, it had taken such steps as were reasonably practicable to prevent one of its male managers from discriminating on the grounds of sex.
An employer that pursued a policy of staffing its newly acquired business with Asian people only, unlawfully discriminated on racial grounds when it dismissed a black African employee, holds a London South employment tribunal (Chair: R A Lester) in Arrogah v Mahesan.
In Gibbons v Thames Housing Association Ltd a London (South) employment tribunal (Chair: R W Rideout) finds that a housing association discriminated on grounds of race by not investigating a white employee's complaints of harassment by her black colleagues.
In Glynn v London Transport a Stratford employment tribunal (Chair: I F Pritchard-Witts) declares that an employer is not entitled to use the equal opportunities monitoring information contained in an application form as a basis for rejecting a job applicant without further assessment.
HR and legal information and guidance relating to equal opportunities policy and practice.