Victimisation

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  • Deductions from wages/race discrimination: No unlawful deduction for suspended employee

    Date:
    30 January 2006
    Type:
    Law reports

    In Serco Ltd t/a Education Bradford & Ors v Quarshie EAT/0466/05, the Employment Appeal Tribunal holds that an employee suspended on "full salary" did not suffer an unlawful deduction from wages when the employer exercised its contractual right to terminate a temporary upgrade in his responsibilities with a consequent loss of pay.

  • Case round-up

    Date:
    8 October 2002
    Type:
    Law reports

    This week's case roundup from Eversheds, covering racial discrimination and dismissal for drunkenness.

  • Race discrimination: When to construct hypothetical comparator

    Date:
    15 June 2002
    Type:
    Law reports

    In Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting the Court of Appeal holds that an employment tribunal should have constructed a hypothetical comparator against which to consider whether there was evidence to support an inference that the complainant's treatment had been tainted with race discrimination. And the EAT holds in Williams v H M Prison Service that there is no additional duty on a tribunal to construct and consider the position of a hypothetical comparator.

  • Employers may still be responsible for ex-staff

    Date:
    30 April 2002
    Type:
    Law reports

    Government needs to clarify what residual liability companiesretain after employees have left, particularly over discrimination. By Jonathan Chamberlain, partner in the employment team at Wragge & Co.

  • Discrimination: Individual incidents do not constitute a continuing act of discrimination

    Date:
    25 March 2002
    Type:
    Law reports

    In Commissioner of the Metropolitan Police v Hendricks the EAT holds that for a practice or policy to constitute a continuing act of discrimination, there must be some consistent course of conduct.

  • Case digest

    Date:
    1 February 2002
    Type:
    Law reports

    Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.

  • Effect of pending litigation

    Date:
    1 January 2002
    Type:
    Law reports

    In Chief Constable of West Yorkshire Police v Khan (11 October 2001), the House of Lords has ruled that it is not unlawful victimisation to refuse to provide a reference in respect of an employee because the employee has a pending discrimination claim against the employer and the employer needs to preserve its position in the outstanding proceedings.

  • Employment references: Refusal to give reference pending resolution of litigation did not amount to victimisation

    Date:
    3 December 2001
    Type:
    Law reports

    In Chief Constable of West Yorkshire Police v Khan, the House of Lords holds - unanimously - that an employee was not victimised when his employer refused to provide him with a reference for new employment while race discrimination proceedings brought by the employee were continuing.

  • Race discrimination: Relevant circumstances for comparison in victimisation case

    Date:
    1 October 2001
    Type:
    Law reports

    In London Borough of Hounslow v Bhatt, the EAT holds that an employment tribunal erred in law in comparing the treatment of an employee who complained of victimisation with other employees who had not brought proceedings under the Race Relations Act 1976.

  • £224,949 net award

    Date:
    1 September 2001
    Type:
    Law reports

    In Fasipe v London Fire and Civil Defence Authority a London South employment tribunal (Chair: G H K Meeran) has awarded compensation of £224,949 for race discrimination and victimisation.

About this topic

HR and legal information and guidance relating to race-related victimisation.