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Statistics May Not Prove Discrimination, But They Can Be Persuasive

Statistical evidence, however striking, is rarely enough to prove discrimination in the workplace. However, the fact that there was not a single non-white manager of a retail chain’s 81 stores in a particular region certainly had a persuasive impact on an Employment Tribunal (ET). The case concerned a mixed-race man who had served as one of the chain’s store...

Mosquito Bite Triggers Guideline Ruling on Diseases Contracted At Work

Many employers provide for benefits to be paid to workers who contract diseases or suffer injury in the course of their employment. The High Court analysed one such provision in the case of a senior NHS doctor whose health collapsed after he was bitten by a mosquito during a trip to India. With the blessing of his employer, an NHS trust, the doctor took...

If You Think You May Be Disabled, Don’t Forget to Tell Your Employer!

Not all disabilities are obvious and employers cannot be guilty of discrimination if they are unaware of a worker’s impairment. The point was made by a decision of the Employment Appeal Tribunal (EAT) concerning a postal worker who suffered from chronic hypertension. The man’s condition, which was diagnosed four years before he began the relevant...

TUPE Transfers Do Not Set Obsolete Terms and Conditions in Stone

Staff who are shifted between one employer and another have a right to work under the same terms and conditions as before – but what happens if such provisions become obsolete? A tribunal tackled that issue in a guideline case. The case concerned a group of electricians who had originally worked for a local authority but whose employment had been transferred...

Employment Tribunal Deposit Orders Must Be Affordable

Employment Tribunals (ETs) can, in certain circumstances, require the payment of deposits as a condition of proceeding with a complaint. However, as one case clearly showed, deposits must be affordable and must not act as a bar on access to justice. The case concerned a youth and community worker who was dismissed by her local authority employer on capability...

Legal Advice Essential If You Want to Win Your Employment Case

Busy courts and tribunals do not wait on your convenience and a failure to engage in proceedings can result in your claim being struck out without a hearing. Exactly that happened to one worker who chose to fight his employment case without the benefit of legal advice. Following his dismissal, the man lodged numerous, unfocused, complaints with an Employment...