In Ms Marshall’s case, her compensation was subject to a limit of £8,500, whereas the tribunal would have awarded her £20,000. In a landmark case, the ECJ decided that it was contrary to EU law for member states to place an upper limit on compensation for loss and damage suffered as a result of sex discrimination. In our round-up of key decisions of 2017, Personnel Today described the Supreme Court’s demolition of the tribunal fees system as “one of the most important employment law decisions of the last 50 years”. This case provided a boost for UK trade union laws. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Western Excavating v Sharp This disability discrimination case dealt with an important issue: is it a reasonable adjustment for an employer to continue to pay a disabled worker who has exhausted contractual sick pay? Ms Coleman brought a landmark claim that her employer discriminated against her because she was the primary carer for her disabled son. The most important cases in 2018 involved: violence after a workplace Christmas party; employer liability for ex-employees’ data breaches; the status of the gig economy workforce; the postponement of disciplinary hearings; and the national minimum wage for care workers. Stringer and others v HM Revenue and Customs sub nom Commissioners of Inland Revenue v Ainsworth and others; Schultz-Hoff v Deutsche Rentenversicherung Bund (21 March 2009). R (on the application of Unison) v Lord Chancellor (26 July 2017). HR Director Training Here, the ECJ decided that doctors‘ on-call duty, during which they were required to be physically present in the hospital but were permitted to sleep when they were not required, constituted working time. The day after the first edition of Personnel Today was published, the European Court of Justice delivered its verdict in this seminal TUPE case. The Scottish Court of Session accepted that employers should not normally take account of expired warnings when deciding on the disciplinary penalty. The length of qualifying service required before an employee is entitled to claim unfair dismissal has always been controversial. A glut of further case law on this followed, including cases in which UK courts and tribunals attempted to apply this ruling to the Working Time Regulations 1998. Dekker v Stichting Vormingscentrum voor Jonge Volwassen (VJV-Centrum) Plus (8 November 1990). The ECHR judgment makes it very hard for UK employers to justify a workplace ban on the display of religious items on the basis that they do not accord with the employer’s corporate image. The Court accepted that, unless there were exceptional circumstances, an employer was not obliged to continue paying sick pay to disabled employees whose disability-related sickness absence had exhausted their contractual entitlement to sick pay. To speak to an experienced employment solicitor about discrimination in the workplace, call us on 0161 830 9632 or contact us and we'll call you. The House of Lords in Johnson made it clear that the civil courts could not be used to pursue damages that would otherwise be more suited to an unfair dismissal claim. In recent years, Uber, CitySprint and Excel have all been found to have been disguising “workers”, who are entitled to basic rights such as annual leave and the national minimum wage, as self-employed. Bostock v. Clayton County, 590 U.S. (2020) The Supreme Court has issued a landmark decision in Bostock v. Clayton County, holding that Title VII prohibits discrimination against employees based upon sexual orientation and transgender status. The case established the important principle that differing requirements in a dress code are not necessarily discriminatory, as long as the same rules of smartness or conventionality are applied to men and women. Stay up-to-date with how the law affects your life, Name (1987, unfair dismissal compensation). R v Secretary of State for Employment ex parte Seymour-Smith and Perez (No.2) (17 February 2000). Although involving a dispute over the holiday pay of British Airways pilots who are paid flying allowances as well as basic pay, the decision has had a widespread impact on all UK employers. Keep track of key employment law cases on appeal, Foreningen af Arbejdsledere i Danmark v Daddy’s Dance Hall A/S (10 February 1988). This precedent-setting case about admission to a public swimming pool has had a massive impact on how discrimination cases in employment are argued. The ruling has been cited in numerous UK working time cases, including Hughes v Graham and another t/a Graylyns Residential Home, in which a care worker was provided with a flat near her workplace to allow her to be on call seven nights a week. In a landmark case, the ECJ decided that it was contrary to EU law for member states to place an upper limit on compensation for loss and damage suffered as a result of sex discrimination. Payroll However, the principle is still a key one for employers to think about when embarking on the sale or purchase of a business. Employment Discrimination on the Basis of Criminal Convictions It can be difficult for those with a criminal record of any kind to find employment. Wellbeing The House of Lords acknowleged that the duty to make reasonable adjustments may require an employer to treat a disabled person more favourably than a non-disabled person, to remove the disadvantage caused by the disability. The High Court was right about that and the retirement age was abolished on 1 October 2011. Employment Law All rights reserved. Williams v British Airways plc (15 September 2011). “Rolling up” holiday pay was once commonplace. LII Suprem… This includes transferring the employee to a suitable vacant position (here, an office job) to avoid dismissing him or her. Terms and conditions, • Employee Benefits Federal government websites often end in .gov or .mil. Employment law involves discrimination litigation, including claims of race, sex, age, and disability bias. The Court explained that such discrimination may exist if the plaintiff (Ms. Young) can show, “sufficient evidence that the employer’s policies impose a significant burden on pregnant workers, and that the employer’s ‘legitimate, nondiscriminatory’ reasons are not sufficiently strong to justify the burden, but rather—when considered along with the burden imposed—give rise to an inference of intentional … Home > Employment law > Cases of Interest Employment New Zealand Employment law Employment Relations Amendment Act 2018 Cases … The employer had a policy that men should have tidy hair no longer than collar length and that no unconventional hairstyles were allowed. Vento v Chief Constable of West Yorkshire Police (No.2) (20 December 2002). The cap on unfair dismissal compensation has sometimes led claimants who have allegedly suffered substantial losses because of the manner of their dismissal to seek recovery via a claim for breach of contract in the normal civil courts, where there is no limit on awards. The Equal Pay Act (EPA) prohibits unions or employers from compensating differently based on the worker’s gender. The Supreme Court employment cases encourage a discrimination-free work place. The Lords went as far as to construe the concept of “transferring” the disabled employee to fill an existing vacancy as including promotion, as well as a sideways or downwards move. Organisational Development Are you an employee who has been denied promotions, harassed on the job, or otherwise discriminated against on the basis of your nationality, race, sex, or some other protected trait? In this long-running case, the issue was whether or not British Airways’ uniform policy that religious items be hidden discriminated against a Christian employee who wore a cross on a necklace. (1977, constructive dismissal), BHS v Burchell Amberber v. IBM Canada Ltd., 2018 ONCA 571 This one is likely to make most employment lawyers top cases of 2018 Although the UK Court of Appeal sided with the employer and rejected Ms Eweida’s claim, the ECHR held that her right to “freedom of thought, conscience and religion” under the European Convention on Human Rights had been breached. The Supreme Court employment cases encourage a discrimination-free work place. You’ll note that sexual orientation is … Enderby v Frenchay Health Authority and Secretary of State for Health (27 October 1993). If both employee and employer are incriminated in breaching the regulations and the employee has been singled out for the breach and was suspended from work. The site is secure. Sometimes the law is on your side in cases of employment discrimination. (1978, range of reasonable responses), Polkey v AE Dayton Services The Federal Civil Rights Law (known as Title VII) prohibits employment discrimination on the basis of race, color, gender, national origin, and religion. It is a common scenario in discrimination cases. Wilson and Palmer v United Kingdom (2 July 2002). This case tackled the misguided argument that a pregnant employee could be treated in this way on the basis that a sick man would have been treated in exactly the same way. We recommend using Federal Express Corp. v. Holowecki (06-1322) 1.1.4. Redfearn v Serco Ltd t/a West Yorkshire Transport Service (25 May 2006). Here, the expired warning was fundamental to the decision to dismiss and the dismissal was therefore unfair. Since its first issue on 9 February 1988, Personnel Today has reported on a staggering number of developments in employment case law. In direct discrimination cases, the choice of comparator is often a key issue and this House of Lords decision set down some important ground rules. Here, the employment tribunal attempted to compare a female police officer’s staff appraisal with that of two male police officers who held the same rank as her, but whose circumstances were very different to hers. The Court of Appeal held that her religion was not the cause of any discrimination against because her job required her to provide a non-discriminatory service, which is a stance that other cases have copied since. Kentucky Retirement Systems v. EEOC (06-1037) 1.1.3. A man who had not reached the state pension age claimed direct sex discrimination after he was charged an entry fee to the swimming pool, but his wife, who had reached pension age, was not. The Sex Discrimination Act 1975 and Race Relations Act 1976 were subsequently amended to remove the cap on discrimination awards. Under the Equality Act 2010, discrimination compensation is currently uncapped. Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40. Toal and another v GB Oils Ltd (22 May 2013). In July 2005, the EAT delivered one of the most controversial decisions in UK employment law history. However, civil partnerships caused an immediate clash in the employment sphere when some individuals with a strong Christian belief in the sanctity of marriage refused to carry out civil partnership duties. At Fair Cases Law Group, we provide aggressive and effective legal representation for victims of employment discrimination. Ms Powell brought claims for unfair dismissal and discrimination arising from disability. Therefore, it is not surprising that employment discrimination is a major civil rights violation. 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