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Race discrimination

New and updated

  • Date:
    26 April 2019
    Type:
    Employment law cases

    Racial harassment: Staff encouraged to use offensive terms during diversity training exercise

    In Georges v Pobl Group Ltd, an employment tribunal upheld a black employee's harassment claim after she attended diversity training at which the trainer wrote racially offensive terms on a flipchart and staff were encouraged to shout out the most offensive words that they could come up with.

  • Date:
    25 February 2019
    Type:
    Commentary and insights

    What do workforce equality standards mean for NHS employers?

    Equality is high on the agenda of most NHS employers. As well as being subject to the gender pay gap reporting regime, NHS employers are required to comply with an equality standard in relation to race, and from April 2019 will be required to comply with a standard on disability. Nicky Green from law firm Capsticks explores what the standards mean for NHS employers.

  • Date:
    30 October 2018
    Type:
    Employment law cases

    "Fat ginger pikey" jibe in stressful sales environment was not harassment

    In Evans v Xactly Corporation Ltd, the Employment Appeal Tribunal (EAT) upheld an employment tribunal's ruling that calling a salesperson a "fat ginger pikey" in a working environment with a culture of "jibing and teasing"; was not harassment under the Equality Act 2010.

  • Date:
    30 August 2018
    Type:
    Employment law cases

    Victimisation: Focus of test for bad faith is honesty, not motivation

    In Saad v Southampton University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that the primary question, when deciding if an employee acted in bad faith, is whether or not the employee acted honestly in making the discrimination allegation, not the employee's ulterior purpose.

  • Date:
    17 May 2018
    Type:
    Employment law cases

    EAT confirms importance of "context" in harassment cases

    In Bakkali v Greater Manchester Buses (South) Ltd t/a Stage Coach Manchester, the Employment Appeal Tribunal (EAT) held that asking a Muslim employee whether or not he supported IS did not amount to harassment because, given the context, the offending comment was not "related to" his religious belief or race.

  • Date:
    14 December 2017
    Type:
    Employment law cases

    Direct race discrimination: Withdrawal of job offer based on "tainted" psychological assessment

    The Employment Appeal Tribunal has held that the employer subjected the claimant to direct race discrimination. The employer withdrew its offer to the claimant of a posting abroad because of a psychological assessment that warned the claimant could suffer stress as a result of racial discrimination.

  • Date:
    25 November 2017
    Type:
    Employment law cases

    Court of Appeal reaffirms correct approach to proving direct discrimination

    The Court of Appeal has held that the rules on the burden of proof in discrimination claims under the Equality Act 2010 do not differ from the rules under the previous discrimination legislation, and that the initial burden remains on the claimant.

  • Date:
    14 November 2017
    Type:
    Employment law cases

    Supreme Court: employment tribunal has jurisdiction to hear discrimination claim against GMC

    The Supreme Court has considered whether or not an employment tribunal has jurisdiction to hear a complaint by a doctor against the General Medical Council for discrimination.

  • Date:
    1 May 2017
    Type:
    Employment law cases

    Case round-up

    Kirsti Laird is senior associate at Charles Russell Speechlys. She rounds up the latest rulings.

  • Date:
    6 April 2017
    Type:
    Employment law cases

    Indirect discrimination: no need for claimants to explain why they are disadvantaged

    The Supreme Court has held that claimants are not required in indirect discrimination claims to explain why the provision, criterion or practice (PCP) puts, or would put, the affected group at a particular disadvantage.