Discrimination News

Simon Tibbitts has just finished a 10 day hearing in London Central Employment Tribunal that has received widespread media attention. The trial has been reported in the Telegraph, Guardian, BBC News and the Independent amongst others. Simon appeared on behalf of the Ministry of Defence defending claims of racial harassment and discrimination brought by two former paratroopers. Judgment is reserved but a link to an article from the Independent can be found here. Click here...

3 Paper Buildings (3PB) Employment and Discrimination barrister Mark Green, instructed by Anna Illingworth of solicitors Rowberry Morris, successfully represented 88-year-old secretary Eileen Jolly in suing the NHS for age and disability discrimination after she was dismissed, despite the surgeon she worked for disagreeing with the decision, stating she was ‘meticulous and reliable'. Mrs Jolly, who is believed to be the oldest person ever to sue an employer for age discrimination - after taking the...

3PB Barristers employment & discrimination law specialist Matthew Curtis has just appeared in two disability discrimination cases at the EAT this last fortnight. Appearing before HHJ Eady Q.C. on both occasions, Matthew first represented a Respondent appealing on procedural irregularity and perversity grounds, then represented a Claimant on a pro bono basis under the ELAAS scheme. Matthew is a highly-ranked employment barrister, regularly appearing in Employment tribunals on multi-day cases across the UK, and is...

Race discrimination - 'Coconut' - Joseph England considers recent analysis of comparators and striking out

23rd January 2018

In Walters v Avanta Enterprise Limited [2017] UKEAT 0127_17_2112 (December 2017), Slade J in the Employment Appeal Tribunal considered a case in which the Claimant argued that being labelled a ‘coconut’ (i.e. being black on the outside, white on the inside) demonstrated a racially discriminatory motivation but her claim was struck out as having no reasonable prospect of success. The case examines how to correctly construct a comparator and also repeats the trite warning against...

Following the Welsh Rugby Union's scrapping of the so called ‘Gatland’s Law’ with the result that a number of star players possibly missing out on future international fixtures, including the 2019 Rugby World Cup, 3PB employment barrister Sarah Clarke and Royds Withy King commercial partner Chris Kane examine if the Welsh Rugby Union new selection policy amounts to indirect age discrimination. To read their analysis, please click here.

Joseph England appeared last week in an interesting case under the Equality Act 2010 heard in the County Court in which a traveller was seeking an injunction and damages from a pub and its landlady after he was refused service. Relying on his race as a traveller, the Claimant alleges that he was refused service because of his race and that this was an act of harassment, whereas the Defendants contend that their belief was...

Matthew Curtis reviews some recent decisions regarding evidential issues in disability discrimination cases, with a particular focus on: Stress as a disability Principal’s liability for acts of their agents Knowledge of disability, in particular who has to know for a claim to succeed? Indirect discrimination: the standard of evidence required Dismissing for long-term absence where there is late evidence from the employee To read Matthew’s full analysis, please click here.