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Sex discrimination

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  • Date:
    1 October 2013
    Type:
    Law reports

    Case round-up

    David Malamatenios is a partner, and Linda Quinn, Krishna Santra, Sandra Martins and Melissa Powys-Rodrigues are solicitors at Colman Coyle Solicitors. They round up the latest rulings.

  • Date:
    9 July 2013
    Type:
    Law reports

    Sex discrimination: No proper basis for aggravated damages award

    In HM Land Registry v McGlue EAT/0435/11, the EAT held that there was no sufficient basis for an award of aggravated damages in circumstances where the tribunal had relied on substantially the same feature of the case in deciding on the amount of the injury to feelings award. However, the employee had been discriminated against by not being offered a voluntary severance package, and she was entitled to recover the value of that package as compensation even though she had continued to be employed.

  • Date:
    8 July 2013
    Type:
    Law reports

    Banker victimised by new employer over ongoing tribunal claims against former employer

    In this case, the employer victimised an employee after it found out that she was pursuing tribunal claims against her former employer, showing the wide protection that the Equality Act 2010 gives against victimisation.

  • Date:
    13 May 2013
    Type:
    Law reports

    Compensation: Liability for indivisible loss is joint and several

    In London Borough of Hackney v Sivanandan and others [2013] IRLR 408 CA, the Court of Appeal held that an employer vicariously liable for an employee's discriminatory act had joint and several liability for the whole sum awarded in compensation.

  • Date:
    10 April 2013
    Type:
    Law reports

    Discrimination: EAT provides guidance on injury to feelings awards and aggravated damages

    The Employment Appeal Tribunal has provided guidance on remedies for discrimination claims, including injury to feelings and aggravated damages.

  • Date:
    22 March 2013
    Type:
    Law reports

    Manager's "sexual favours" remark was not sexual harassment

    In this case, the employment tribunal found that a manager's single remark, despite being of a sexual nature, was intended as a joke and did not amount to sexual harassment.

  • Date:
    7 March 2013
    Type:
    Law reports

    Dress and appearance: requirement for male firefighter to have short hair not direct sex discrimination

    The employer in this tribunal case successfully defended a man's sex discrimination claim over the common issue of its dress and appearance code applying different rules to men and women.

  • Date:
    31 January 2013
    Type:
    Law reports

    Court of Appeal upholds EAT decision that "indivisible damage" is not attributable to one party

    The Court of Appeal has upheld a decision by the Employment Appeal Tribunal that, where there are multiple respondents and particular loss cannot be attributed to one party, employment tribunals must award compensation on a joint and several liability basis, meaning that the claimant can claim the entire amount from any respondent. 

  • Date:
    13 June 2012
    Type:
    Law reports

    Tribunal recommends maternity rights training in company where employee given work two days after giving birth

    This is a rare example, along with Crisp v Iceland Foods Ltd ET/1604478/11 & ET/1600000/12, of an employment tribunal making wide-ranging recommendations to an employer, in this case suggesting that it provide training for its managers and HR team on maternity rights.

  • Date:
    1 May 2012
    Type:
    Law reports

    Case round-up

    Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.