discrimination Archives - Fitzgerald Human Resources

Sex Related Harassment in Finn v The British Bung Manufacturing Company

September 2nd 2026June 16th 2022 by Meg Denny

Finn v the British bung manufacturing company - the back of a head of a bald employee wearing a suit

In Finn v The British Bung Manufacturing Company, the claimant was found to be a victim of sex related harassment after being called ‘bald’ by a colleague

Navigating Employment Tribunals: A Handbook for Employers

April 22nd 2026September 20th 2024 by Amy Fletcher

Two people with their hands on a table. An employer's guide to an Employment Tribunal

As employers, we always strive to resolve any claims of unfair treatment internally, either informally or through the formal grievance procedure. However, in some cases, this isn’t possible. In these cases, an employee can bring a claim against you in an employment tribunal. If a claim is made against you and your organisation, it’s important … Read more

Employment law round up: Discrimination claims at tribunal

July 29th 2024June 8th 2019 by Monica Wray

This summary of discrimination claims at tribunal includes examples of the importance of following fair procedures and policies to treat all employees equally and avoid discrimination claims. We also look at why you should hear a grievance that is raised alongside a conduct investigation, and how a disability doesn’t automatically give an employee the right … Read more

Act of indirect discrimination can be ‘cured’ by internal appeal, rules EAT

August 6th 2020September 25th 2013 by Lucy Fitzgerald

The Employment Law Bulletin reports that in the case of Little v Richmond Pharmacology Ltd an initial act of indirect discrimination was made good following an internal appeal. After the Claimant’s original request for part-time working on return from maternity leave was declined, she appealed and was subsequently offered a trial period of part-time working. … Read more

Sunday working and religious discrimination

August 6th 2020December 12th 2013 by Lucy Fitzgerald

A recent Court of Appeal decision has shed light on the issue of working on Sundays and how this affects the employment relationship with staff who have Christian beliefs. In Mba v London Borough of Merton, the employee had worked as a care assistant in a children’s home. As a Christian, she believed that it … Read more

The Role of Occupational Health Reports in Disability Discrimination

August 6th 2020December 16th 2013 by Lucy Fitzgerald

While an occupational health report is a valuable source of information in managing a case of long-term absence or supporting a disabled employee, a recent case has highlighted the dangers of relying solely upon such a document to determine whether an employee is disabled. In the case of Gallop v Newport City Council, the employee … Read more

Phasing Out the Default Retirement Age

August 6th 2020March 15th 2011 by Lucy Fitzgerald

With effect from 6 April 2011, the current Default Retirement Age (DRA) of 65 years is being phased out over a transitional period running until 30 September 2011.

At present, employers are required to write to employees not more than 12 months, but not less than six months, before their 65th birthday informing them that they are approaching retirement and making them aware that they are allowed to request to work beyond their retirement date.

From 6 April 2011 employers will no longer be able to issue any notifications for compulsory retirement using this process.

The last day employees can be compulsorily retired using the current procedure is 30 September 2011. This means the last day to provide six months’ notice, as required by the current procedure is 30 March 2011.

How to avoid discrimination in recruitment

August 6th 2020December 2nd 2013 by Lucy Fitzgerald

Some employers have a more casual attitude to recruitment procedures than they do to other people management practices such as discipline and grievance, or performance management. However, a recent case serves as a reminder that businesses must ensure that all of their recruitment activities comply with employment law to avoid being unable to defend the company against claims of discrimination in recruitment.

Case law

In Mohammed v Bloomsbury Bowling, the employer’s Head Chef asked Mr Mohammed to attend for interview after viewing his CV online. The CV in question did not include his date of birth or age. Mr Mohammed claimed that he was asked at the interview how old he was. When he replied that he was 40, the Head Chef said that he was under instruction by the General Manager to reject his application because he was too old.

Naturally, the company presented a different version of events. The Head Chef confirmed that he had interviewed Mr Mohammed but had doubts about his ability to work in a busy kitchen. He told Mr Mohammed at the end of the interview that he would not be offering him the job. The Head Chef admitted to making a joke about Mr Mohammed’s greying hair and the stress of working in kitchens but said that this was only to put him at ease. The company denied age discrimination.

In coming to a conclusion, the employment tribunal was not provided with documentary evidence in relation to the company’s recruitment procedures. It could not make a decision based on fact about whether the General Manager had or had not instructed the Head Chef not to appoint on the basis of age.

However, it did take note of the failure to provide a recruitment procedure, the comment about grey hair, the fact that the successful candidate was ten years younger and the contradictory evidence provided by the company. This moved the burden to the company to prove that discrimination in recruitment had not taken place.

Reasonable adjustments in disability management

August 6th 2020November 1st 2013 by Lucy Fitzgerald

Disability is considered a protected characteristic under the Equality Act 2010 and therefore employers have a responsibility to ensure that disabled employees are not at a disadvantage in the workplace compared to their colleagues, and to make reasonable adjustments where possible. This is crucial to create an open and inclusive working environment which benefits an … Read more

Case law

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