Discrimination

Talbot v Costain Oil Gas & Process Ltd

When drawing inferences of discrimination, it’s the overall picture which is important.

Government Legal Service v Brookes

Requiring a job applicant with Asperger’s syndrome to complete an online multiple-choice psychometric test was indirectly discriminatory.

Essop v Home Office; Naeem v Secretary of State for Justice

This latest decision from the Supreme Court clarifies the precise legal test to be used and particularly whether a claimant needs to establish the reason why the treatment they received discriminated against them.

Achbita v G4S Secure Solutions; Bougnaoui v Micropole SA

Sometimes, says the European Court of Justice (ECJ). However, one thing the decisions have definitely not done is given the green light to any employer to ban headscarves in the workplace.

Gareddu v London Underground

An employer did not indirectly discriminate (on the grounds of religion or belief) against one of its employees when it refused him permission to take five weeks’ holiday to attend religious festivals with his family.

Herry v Dudley Metropolitan Borough Council

Unhappiness with a decision or a colleague, a tendency to nurse grievances, or a refusal to compromise (if these or similar findings are made by a tribunal) are not of themselves mental impairments. They may simply reflect a person’s character or personality and are ‘reactions to adverse circumstances’.