News & Analysis as of September 25, 2024

Discrimination › UK Employment Appeal Tribunal

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Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

UK Employment Appeal Tribunal: ‘Gender-critical’ Beliefs Are Protected Philosophical Beliefs

Morgan Lewis on 6/16/2021

The UK’s Employment Appeal Tribunal (EAT) found on 10 June 2021 in Maya Forstater v CGD Europe and others that gender-critical beliefs—including believing that one’s biological sex is immutable and not to be conflated with...more

Is Your Diversity and Equality Training Good Enough?

Dechert LLP on 4/1/2021

In this OnPoint we report on a recent Employment Appeal Tribunal decision which demonstrates why conducting regular, and good quality, diversity and equality training is vital. Introduction - When an employee commits an act...more

Disciplinary Process: One-off Act or Ongoing Act in Discrimination Context?

Faegre Drinker Biddle & Reath LLP on 5/1/2018

In Hale v Brighton & Sussex University Hospitals NHS Trust UKEAT/0342/16/LA the Employment Appeal Tribunal (EAT) considered whether a disciplinary process was a one-off act or an ongoing act in the context of U.K....more

Increase in "Injury to Feelings" Awards in Discrimination Claims

Faegre Drinker Biddle & Reath LLP on 5/1/2018

The Vento bands for “injury to feelings” awards in discrimination claims have been increased. The new figures, applicable to claims issued on or after 6 April 2018, are as follows: - Lower band, for the least serious...more

Employment News - September 2017 #2

Hogan Lovells on 9/19/2017

Uplifting – injury to feelings compensation must be increased by 10% - After a number of conflicting decisions in the EAT, the Court of Appeal has confirmed that injury to feelings discrimination compensation awarded in...more

Employment News - July 2017 #4

Hogan Lovells on 7/24/2017

Compare and contrast – pension based on hours reduced because of disability was not discriminatory - The Court of Appeal has upheld the EAT decision in Williams v The Trustees of Swansea University Pension & Assurance...more

Employment News - May 2017 #2

Hogan Lovells on 5/15/2017

Wrong answer – applicant should have been allowed an alternative to multiple choice test - The EAT in Government Legal Service v Brookes found that a job applicant with Asperger's had been unlawfully discriminated...more

Employment News - April 2017 #2

Hogan Lovells on 4/11/2017

One for all – no need to prove the reason for group disadvantage for indirect discrimination claim - The Supreme Court in Essop v Home Office has allowed the claimants' appeal against the Court of Appeal's rejection of...more

Employment News - March 2017 #4

Hogan Lovells on 3/27/2017

Lack of communication – contractual dismissal notice only took effect when received - In Newcastle Upon Tyne NHS Foundation Trust v Haywood the Court of Appeal has decided that contractual notice of dismissal only took...more

Employment News - March 2017 #3

Hogan Lovells on 3/21/2017

Last minute decider – incapacity dismissal without considering new evidence was disability discrimination - The Court of Appeal in O'Brien v Bolton St Catherine's Academy has reinstated a Tribunal decision that the...more

Employment News - March 2017 #1

Hogan Lovells on 3/6/2017

Missing the jackpot – High Court awards nominal damages for breach of confidentiality - Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more

Harassment and Political Belief

Dechert LLP on 4/27/2015

In the case Henderson v GMB, the UK's Employment Appeal Tribunal (EAT) had to consider whether the claimant had been subjected to harassment related to his beliefs. The claimant in the case was a trade union official who had...more

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Discrimination › UK Employment Appeal Tribunal

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