Courts of Appeal conflict over definition of detriment

This report relates to 7 case(s)

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  Garry v London Borough of Ealing [2001] IRLR 681 CA (4 other reports)

  • Race discrimination: Continued investigation of which employee was unaware was a detriment

    Date:

    17 December 2001

    The Court of Appeal holds that when an employer continued an investigation into the activities of a black female employee for longer than an ordinary investigation would have taken, for reasons connected with her ethnic origin, the employer subjected her to a "detriment" within the meaning of the Race Relations Act 1976. We review the case of Garry v London Borough of Ealing.

  • On appeal

    Date:

    25 September 2001

    Continuing our regular series spelling out the implications of important cases which have been heard recently in the appeal courts.

  • Case roundup: Race discrimination and payments on termination

    Date:

    4 September 2001

    This week's case roundup, covering the meaning of a "detriment" within race discrimination and payment in lieu of accrued but untaken holiday on termination of employment.

  • Broad construction of detrimental treatment

    Date:

    1 September 2001

    The Court of Appeal in Garry v London Borough of Ealing has found that a black employee was subjected to a "detriment" within the meaning of s.4(2)(c) of the Race Relations Act when, for reasons connected with her ethnic origin, an investigation by her employers into her activities was continued longer than an ordinary investigation would have been.

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  Olakotan v Iqbal [2001] All ER (D) 427 (Mar) EAT (0 other reports)
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  Post Office v Liddiard [2001] All ER (D) 46 (Jun) CA (3 other reports)

  • Public disgrace could justify dismissal

    Date:

    1 October 2001

    Organisations worried about damage to their reputations from the out-of-hours misconduct of employees could be justified in sacking them.

  • Case roundup: TUPE transfers and unfair dismissal

    Date:

    21 August 2001

    This week's case roundup, covering failure to inform and consult on a TUPE transfer and dismissal as a result of bringing an employer into disrepute.

  • Unfair dismissal: Tribunal wrongly held convicted football hooligan's dismissal to be unfair

    Date:

    1 August 2001

    In Post Office v Liddiard, the Court of Appeal sets aside an employment tribunal's decision that the dismissal of an employee following his involvement in football hooliganism was unfair.

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  Shamoon v Chief Constable of the Royal Ulster Constabulary [2001] IRLR 520 NICA (3 other reports)

  • Case roundup: Pre-transfer of undertakings dismissal and sex discrimination

    Date:

    18 September 2001

    This week's case roundup, covering a pre-transfer of undertakings dismissal and sex discrimination.

  • Relevant circumstances narrowly defined

    Date:

    1 September 2001

    In Shamoon v Chief Constable of the Royal Ulster Constabulary (3 May 2001), the Court of Appeal in Northern Ireland allows an appeal against a finding that a female chief inspector was discriminated against on grounds of sex when it was decided that she would no longer do performance appraisals after a complaint was made about her.

  • Sex discrimination: Detriment must have a physical or economic consequence

    Date:

    15 August 2001

    A female chief inspector failed in her sex discrimination complaint as she could not show that she had suffered a detriment, holds the Northern Ireland Court of Appeal in Shamoon v Chief Constable of the Royal Ulster Constabulary.

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  Thompson v SCS Consulting Ltd and others [2001] IRLR 801 EAT (3 other reports)

  • Transfer of undertakings: Dismissal by receivers at transferee's request was for ETO reason

    Date:

    15 January 2002

    The EAT holds in Thompson v SCS Consulting Ltd and others that an employment tribunal was entitled to find that an employee who was dismissed by the receivers of an insolvent transferor at the request of the transferee prior to the transfer of the undertaking, in circumstances where all employees would have been dismissed had the transferee not taken over the business, was dismissed for an "economic, technical or organisational" reason within the meaning of the TUPE Regulations.

  • On appeal

    Date:

    4 December 2001

    Continuing our regular series spelling out the implications of important cases heard recently in the appeal courts. Paul White and Charlotte Hamer look at the issues

  • Case roundup: Pre-transfer of undertakings dismissal and sex discrimination

    Date:

    18 September 2001

    This week's case roundup, covering a pre-transfer of undertakings dismissal and sex discrimination.

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  Transport & General Workers' Union v James McKinnon, JR (Haulage) Ltd and others [2001] IRLR 597 EAT (1 other report)

  • Case roundup: TUPE transfers and unfair dismissal

    Date:

    21 August 2001

    This week's case roundup, covering failure to inform and consult on a TUPE transfer and dismissal as a result of bringing an employer into disrepute.

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  Witley and District Men's Club v Mackay [2001] IRLR 595 EAT (3 other reports)

  • On appeal

    Date:

    25 September 2001

    Continuing our regular series spelling out the implications of important cases which have been heard recently in the appeal courts.

  • Case roundup: Race discrimination and payments on termination

    Date:

    4 September 2001

    This week's case roundup, covering the meaning of a "detriment" within race discrimination and payment in lieu of accrued but untaken holiday on termination of employment.

  • Working time: Provision in contract for withholding accrued holiday pay was void

    Date:

    1 August 2001

    In Witley & District Mens Club v Mackay, the EAT holds that a provision in a collective agreement denying pay in lieu of outstanding holiday entitlement to a worker dismissed for dishonesty, which was incorporated into his contract of employment, was rendered void by the Working Time Regulations 1998.