Cases within N

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  N McFadden v Greater Glasgow Passenger Transport Executive [1977] IRLR 327 IT (1 report relating to this case)

  • Maternity leave: Right to return to original job

    Date:

    15 September 1977

    Employers who operate a system of "established" and "unestablished" posts (perhaps most common in the public sector) should take particular heed of the decision of the Industrial Tribunal in N McFadden v Greater Glasgow Passenger Transport Executive (2.3.77) - Glasgow, that putting a woman who formerly had established status into an unestablished position following her return to work after maternity leave amounted to a dismissal.

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  NACODS v Gluchowski [1996] IRLR 252 EAT (1 report relating to this case)

  • Trade union membership: Suspension does not amount to exclusion or expulsion

    Date:

    1 May 1996

    The statutory right not to be "excluded" from a trade union covers only a refusal to admit an individual into the organisation, holds the EAT in NACODS v Gluchowski.

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  Naeem v Secretary of State for Justice [2014] IRLR 520 EAT (1 report relating to this case)

  • Case round-up

    Date:

    1 July 2014

    Krishna Santra, Linda Quinn and Colin Makin are senior associates and Melissa Powys-Rodrigues and Dominic Speedie are associates at Colman Coyle Solicitors. They round up the latest rulings.

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  Naeem v Secretary of State for Justice [2016] IRLR 118 CA (1 report relating to this case)

  • Innocent explanation for Muslim prison chaplains' lower pay

    Date:

    9 March 2016

    The existence of a non-discriminatory reason for Muslim prison chaplains being paid less than their Christian counterparts has defeated a discrimination claim. Matthew Leon and Kate Hodgkiss explain a Court of Appeal ruling that has stirred up the law on indirect discrimination.

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  Naeem v Secretary of State for Justice [2017] IRLR 558 SC (1 report relating to this case)

  • Indirect discrimination: no requirement for reason for disadvantage to relate to protected characteristic

    Date:

    6 April 2017

    The Supreme Court has held that an incremental pay structure that put Muslim chaplains in the prison service at a disadvantage compared to their Christian colleagues was indirectly discriminatory, but was justified.

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  Nagarajan v Agnew and others [1994] IRLR 61 EAT (2 reports relating to this case)

  • Race discrimination: Victimisation by ex-employer not covered by race relations act

    Date:

    1 July 1994

    In Nagarajan v Agnew and others, the EAT holds that an ex-employee had no remedy against his former employer under the Race Relations Act 1976, in respect of a complaint of victimisation.

  • Victimisation by former employer outside Act

    Date:

    1 March 1994

    In Nagarajan v Agnew and others (21 July 1993) EOR54E, the EAT rules that the discrimination statutes do not provide a remedy in respect of discrimination against former employees.

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  Nagarajan v London Regional Transport [1998] IRLR 73 CA (2 reports relating to this case)

  • Race discrimination: Victimisation requires conscious motivation

    Date:

    1 June 1998

    The concept of victimisation under the Race Relations Act requires the discriminator to have a motive which is consciously connected with that legislation, confirms the Court of Appeal in Nagarajan v London Regional Transport.

  • Conscious motive necessary

    Date:

    1 March 1998

    In Nagarajan v Swiggs and London Regional Transport the Court of Appeal has ruled that in order for there to be unlawful victimisation, the discriminator must have been consciously motivated to treat the employee unfavourably because of the protected act.

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  Nagarajan v London Regional Transport [1999] IRLR 572 HL (2 reports relating to this case)

  • Test for victimisation

    Date:

    1 September 1999

    In Nagarajan v London Regional Transport (15 July 1999) EOR87A, the House of Lords holds that conscious motivation on the part of the discriminator is not a necessary ingredient of unlawful victimisation.

  • Race discrimination: Conscious motivation is not a prerequisite for victimisation

    Date:

    15 August 1999

    It was a sufficient basis for a claim of victimisation for an unsuccessful job applicant to show that those who had interviewed him were subconsciously influenced by their knowledge of the fact that he had previously done a protected act, holds the House of Lords in Nagarajan v London Regional Transport.

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  Naidoo v Commission for Racial Equality [1997] IT/71555/95 (1 report relating to this case)

  • CRE victimised promotion candidate

    Date:

    1 March 1998

    In Naidoo v Commission for Racial Equality a London South industrial tribunal (Chair: I S Lamb) rules that the CRE's failure to promote one of its Asian employees because she had previously brought proceedings against the Commission was unlawful victimisation.

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  Naisbett v Npower Ltd ET/2502795/12 (1 report relating to this case)

  • Time off for dependants: tribunal considers reasonableness of six absences totalling seven days in 12 months

    Date:

    6 February 2013

    The employment tribunal held that a mother's six absences totalling seven days in a 12-month period constituted a "reasonable" amount of time off for dependants under s.57A of the Employment Rights Act 1996.