This week's case of the week, provided by DLA Piper, covers race discrimination.
The Employment Appeal Tribunal has held that an employer directly discriminated against an employee when it did not promote her because of concerns that the new position would put her in danger because of her race.
In Rank Nemo (DMS) Ltd v Coutinho  EWCA Civ 454 CA, the Court of Appeal held that an employment tribunal had erred in law in refusing to accept a victimisation claim based on the respondent's failure to pay an award of compensation.
This week's case of the week, provided by Mills & Reeve, covers victimisation.
In Richmond Pharmacology Ltd v Dhaliwal  IRLR 336 EAT, the EAT held that the employment tribunal was entitled to find that it was reasonable for a female employee of Indian ethnic origin to be offended by what she perceived to be a stereotypical reference to the possibility of her being "married off in India". This violated her dignity and amounted to unlawful racial harassment.
This week's case of the week, provided by Jones Day, covers racial comments.
The Employment Appeal Tribunal has held that a remark by a director to a female manager that she might be "married off in India" constituted harassment within the meaning of s.3A of the Race Relations Act 1976.
In Chagger v Abbey National plc and another EAT/0606/07, the EAT held that a claim of discrimination on grounds of skin colour inevitably involves a complaint of discrimination on the grounds of race or ethnic origin, thus engaging s.54A of the Race Relations Act 1976. In addition, allowing an appeal against an award of around £2.8 million compensation, the EAT held that the tribunal should have considered a Polkey-type question in relation to loss of earnings, and that recoverable loss should be limited to that flowing from loss of employment with the discriminator.
The Employment Appeal Tribunal has held that the reverse burden of proof does apply to claims of discrimination on the grounds of colour under the race discrimination legislation.
HR and legal information and guidance relating to race discrimination.