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.
This week's case roundup from Eversheds, covering racial discrimination and dismissal for drunkenness.
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.
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.
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.
Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.
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.
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.
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.
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.
HR and legal information and guidance relating to race-related victimisation.