BETWEEN Miss Eleanor Mahoney CLAIMANT AND Mr Mark Jones. JTC Group TRIBUNAL JUDGMENT. Ms Carol Graham, Group Head of HR
|
|
- Megan Webster
- 5 years ago
- Views:
Transcription
1 IN THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL IN THE MATTER: BETWEEN Miss Eleanor Mahoney CLAIMANT AND Mr Mark Jones JTC Group RESPONDENT (1) RESPONDENT (2) TRIBUNAL JUDGMENT Reference: [2017]TRE124 & [2017]TRD030 Hearing Date: 16 October 2017 Before: Mrs Hilary Griffin, Chairman Appearance: For the Claimant: For the Respondent: In person Mr Mark Jones Ms Carol Graham, Group Head of HR Introduction 1. I sat alone on 16 October 2017 in what was listed for a Case Management Meeting. The Respondent had issued a strike out application and I sat to determine that application, with the intention of issuing directions for the future conduct of this matter, depending upon the outcome. As will be seen, there was no need to issue such directions. 2. The Respondent employed the Claimant as a Receptionist between 5 June 2017 and 20 July 2017, when she was dismissed. The Claimant submitted claims for: a) Automatic unfair dismissal; and
2 b) discrimination based on the protected characteristic of sex. The Claimant submitted that she suffered indirect discrimination, but I also considered whether the Claimant s claim of discrimination fell within the scope of any other types of discrimination as set out in the Discrimination (Jersey) Law 2013 ( Discrimination Law ). 3. The Respondent submitted that the Claimant s discrimination claim should be struck out on the grounds that the Respondent was unable to understand the grounds for the claim. The Respondent was not legally represented, but it was clear to me that this application was made on the basis that the Respondent did not believe that the Claimant had a reasonable prospect of success in her discrimination claim. 4. If the discrimination claim were struck out, the Claimant would no longer be able to pursue her unfair dismissal claim due to her lack of continuous employment. The Claims 5. The Claimant explained that she believed that she suffered less favourable treatment because: a) the First Respondent commented at her probationary meeting that he did not consider her attire to be sufficiently smart for the working environment (the Comment ); b) the Comment was upsetting because the Claimant did not like being compared to the other female receptionist; c) the Comment was unfair because the Claimant had worn the same outfit at her interview when she was offered the position; d) there was no formal dress code and it was unfair that she should be criticised for her attire; e) the Comment was made because the Claimant is a plus size woman; and f) the cause of her subsequent dismissal was rooted in the fact that she is a plus size woman.
3 6. The Respondents explained that there was a dress code in force which required all employees to wear smart business dress. The Respondents stated that the Claimant was aware of this dress code throughout her employment and that it applied equally to both men and to women. 7. The First Respondent explained that the meeting in question was to discuss the Claimant s probationary period and that the Claimant s attire was one of a number of points which he raised at the meeting. The Respondents said that they did not dispute that the outfit which the Claimant wore on that particular day (and also at her interview) was appropriate business dress. However the Claimant did not always wear that outfit and was not consistently smart. The Respondent believed it to be reasonable to raise this concern at a probationary meeting and did not consider it to be discriminatory in any way. The Law 8. Under Article 24(1) of the Procedure Order, the Tribunal may strike out all or part of a claim or response, either on its own initiative or on the application of a party. For the purposes of this matter, I considered the grounds specified in Article 24(1)(a) which states that the Tribunal has the power to strike out the Applicant s complaint if it is scandalous or vexatious or has no reasonable prospects of success. I focused on the Respondents submission that the Complaints had no reasonable prospects of success. 9. A complaint will have no reasonable prospects of success if a prima facie case cannot be established by a claimant. In order for a claimant to establish a prima facie case, the claim must on the face of it show that sufficient evidence appears to exist to support that claim. 10. In reaching my decision in this matter, I considered whether striking out the Claimant s claim was a necessary, proportionate and appropriate course of action based on the information provided in this case (Bisson v Gifford & Kirton JET0507-D-16/16; Weir Valves and Controls (UK) Limited v Armitage [2004] ICR 371 EAT). I also kept in mind that a Tribunal will not strike out a complaint of discrimination unless it is very clear that it has no reasonable prospects of success (Anyanwu and anor v South Bank Student Union and anor 2001 ICR 391; Jiad v Byford and Others 2003 IRLR 232).
4 THE DECISION 11. I carefully considered the matters before her and assessed both parties submissions. 12. The Claimant submitted that the Comment regarding her attire and her subsequent dismissal amounted to less favourable treatment which was discriminatory in nature. In order to fall within the scope of the Discrimination Law, the Claimant has to be able to show that any less favourable treatment is because of a protected characteristic as identified in Schedule 1 of the Discrimination Law. If the reason for the less favourable treatment is not because of one of those protected characteristics, then the less favourable treatment will not be discriminatory for the purposes of the Discrimination Law. 13. I asked the Claimant on a number of occasions whether she believed her treatment was because of sex. Her responses were muddled and inconsistent in this regard, and it was clear to me that the Claimant s own belief was that the Comment and her subsequent dismissal some weeks later were due to her being plus size. The Claimant considered her treatment by the Respondents to be unfair and hurtful and she strongly objected to the First Respondent comparing her to the other female receptionist (who was not plus size ). 14. Despite being questioned on the point, the Claimant made no suggestion that she, as a woman (or indeed as a plus size woman), was treated less favourably in the workplace then a man (or a plus size man). She did not submit that the dress code itself was discriminatory and there was no suggestion that the dress code was in any way inappropriate for the working environment. Quite simply, the Claimant believed that she had been discriminated against because of her size and she was unable to provide any details supporting the claim that the less favourable treatment was because of sex. 15. It was clear, therefore, that the alleged less favourable treatment was not based on any protected characteristic contained in the Discrimination Law. The Discrimination Law does not protect individuals from less favourable treatment due to their size or weight. Simply being treated unfairly does not, of itself, amount to discriminatory behaviour.
5 16. In view of the above, I concluded that the Claimant s discrimination claim had no reasonable prospect of success, and therefore struck it out under the provisions of Article 24(1)(a) of the Procedure Order. Furthermore, in the absence of the discrimination claim, the Claimant could no longer rely on Article 70A of the Employment (Jersey) Law and claim automatic unfair dismissal. The Tribunal therefore does not have jurisdiction to hear her unfair dismissal claim because the Claimant did not have sufficient continuous service to file an unfair dismissal claim unless it was automatically unfair. The Claimant s claim of unfair dismissal was also therefore struck out. Mrs Hilary Griffin, Chairman Date: Sent to the parties on:
BETWEEN MS ERIN BISSON CLAIMANT AND STATES EMPLOYMENT BOARD ORDER
IN THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL IN THE MATTER: BETWEEN MS ERIN BISSON CLAIMANT AND STATES EMPLOYMENT BOARD RESPONDENT ORDER Reference: [2017]TRE203 Date: 16 April 2018 Before: Mrs H G Griffin,
More informationEmployment and Discrimination Tribunal
Employment and Discrimination Tribunal Case number: [2017]TRE050 Date: 26 th & 27 th September 2017 Before: Mrs Hilary Griffin, Chairman. Mr John Noel & Mrs Marilyn Wetherall, Panel Members. Claimant:
More informationJersey Employment and Discrimination Tribunal
Jersey Employment and Discrimination Tribunal Employment (Jersey) Law 2003 NOTIFICATION OF THE TRIBUNAL S JUDGMENT This award, (subject to the right of appeal to the Royal Court, as set out in the Law)
More informationEMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
Appeal No. EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 2 March 2007 Before HIS HONOUR JUDGE PETER CLARK (SITTING ALONE) MS P GRAVELL APPELLANT LONDON BOROUGH OF
More informationJersey Employment and Discrimination Tribunal
Jersey Employment and Discrimination Tribunal Employment (Jersey) Law 2003 NOTIFICATION OF THE TRIBUNAL S JUDGMENT Applicant: Mrs Suzanne MacLagan Respondent: States Employment Board Date: 16 March 2017
More informationGUIDANCE TO THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL PROCESS
GUIDANCE TO THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL PROCESS These guidelines explain the Tribunal process once a claimant has sent a Claim Form to the Tribunal and the Tribunal has sent that Claim Form
More informationThe liability for employers for the conduct of their employees When does an employee s conduct fall within the the course of employment?
Humaest The liability for employers for the conduct of their employees When does an employee s conduct fall within the the course of employment? Journal: Humaest Manuscript ID HRMID-0-0-00 Manuscript Type:
More informationJersey Employment and Discrimination Tribunal
Jersey Employment and Discrimination Tribunal Employment (Jersey) Law 2003 NOTIFICATION OF THE TRIBUNAL S JUDGMENT Any award, (subject to the right of appeal to the Royal Court as set out in the Law) is
More informationJUDGMENT. P (Appellant) v Commissioner of Police of the Metropolis (Respondent)
Michaelmas Term [2017] UKSC 65 On appeal from: [2016] EWCA Civ 2 JUDGMENT P (Appellant) v Commissioner of Police of the Metropolis (Respondent) before Lady Hale Lord Kerr Lord Wilson Lord Reed Lord Hughes
More informationJohnson Maina Stephen & 26 others v Unity Housing Co-operative Society [2017] eklr REPUBLIC OF KENYA
REPUBLIC OF KENYA IN THE CO-OPERATIVE TRIBUNAL AT NAIROBI CASE NO. 550 OF 2012 JOHNSON MAINA STEPHEN & 26 OTHERS CLAIMANT VERSUS UNITY HOUSING CO-OPERATIVE SOCIETY RESPONDENT RULING 1. This is a ruling
More informationEmployment and Discrimination Tribunal
Employment and Discrimination Tribunal Case number: [2017]TRE077 Date: 22/08/17 Before: Mr Michael Salter, Deputy Chairman Claimant: Respondent: Mr Guy Dickson Ocean Rig Offshore Management Limited For
More informationFederal Act on Gender Equality. (Gender Equality Act, GEA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Federal Act on Gender Equality (Gender Equality Act, GEA)
More informationEMPLOYMENT AND DISCRIMINATION TRIBUNAL (PROCEDURE) ORDER 2016
Arrangement EMPLOYMENT AND DISCRIMINATION TRIBUNAL (PROCEDURE) ORDER 2016 Arrangement Article PART 1 3 INTRODUCTORY AND GENERAL 3 1 Interpretation... 3 2 Overriding objective... 4 3 Time... 5 PART 2 5
More informationof 24 March 1995 (Status as of 1 January 2017)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Federal Act on Gender Equality (Gender Equality Act, GEA)
More informationBETWEEN Gary Singh CLAIMANT AND Colin Fraser t/a ColinFraserCleaningServices TRIBUNAL JUDGMENT
IN THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL IN THE MATTER: BETWEEN Gary Singh CLAIMANT AND Colin Fraser t/a ColinFraserCleaningServices RESPONDENT TRIBUNAL JUDGMENT Reference: [2017]TRE093 Date of Final
More informationEMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8JX
Appeal No. EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON EC4Y 8JX At the Tribunal On 25 October 2012 Before HIS HONOUR JUDGE PETER CLARK (SITTING ALONE) MS A A VAUGHAN APPELLANT
More informationBETWEEN Mr Benjamin Balanon CLAIMANT AND States Employment Board TRIBUNAL JUDGMENT
IN THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL IN THE MATTER: BETWEEN Mr Benjamin Balanon CLAIMANT AND States Employment Board RESPONDENT TRIBUNAL JUDGMENT Reference: [2016]TRE078 Hearing Date: 3 & 4 November
More informationEleventh Meeting of European Labour Court Judges. Florence, 24 October 2003
Eleventh Meeting of European Labour Court Judges Florence, 24 October 2003 New initiatives to make Labour Court hearings more efficient: use of alternative disputes methods, collective (class) action Questionnaire
More informationWHISTLEBLOWING THE LAW
Bar Council CPD / Employment Bar Association Update on Employment Law 2nd March 2015 WHISTLEBLOWING THE LAW Tom Mallon BL 1. Whistleblowing and whistleblower are two words which would have been very rarely
More informationJersey Employment and Discrimination Tribunal
Jersey Employment and Discrimination Tribunal Employment (Jersey) Law 2003 NOTIFICATION OF THE TRIBUNAL S JUDGMENT Case Number: 1912-200/13 Applicant: Mr Mark Wood Respondent: JT (Jersey) Limited Date
More informationCOLLOQUIUM: GENDER AND THE LAW TH November St. Lucia, Eastern Caribbean Supreme Court, Judicial Education Institute
COLLOQUIUM: GENDER AND THE LAW 17-18 TH November 2011. St. Lucia, Eastern Caribbean Supreme Court, Judicial Education Institute GENDER EQUALITY IN THE WORKPLACE The aim of this paper is to share the experience
More informationBETWEEN MISS ASHLEY MENARD CLAIMANT AND FABRIAH HAIR AND BEAUTY LIMITED TRIBUNAL JUDGMENT
IN THE EMPLOYMENT AND DISCRIMINATION TRIBUNAL IN THE MATTER: BETWEEN MISS ASHLEY MENARD CLAIMANT AND FABRIAH HAIR AND BEAUTY LIMITED RESPONDENT TRIBUNAL JUDGMENT Reference: [2017] TRE167 Hearing Date:
More informationRt Hon Justine Greening MP Minister for Women and Equalities Sanctuary Buildings Great Smith Street SWlP 3BT November 2017.
Petitions Committee House of Commons, London SW1 A OAA Tel 020 7219 7614 Email petitionscommittee@parliament.uk Website www.parliament.uk/petitions-committee Rt Hon Justine Greening MP Minister for Women
More informationLEVEL 3 - UNIT 6 EMPLOYMENT LAW SUGGESTED ANSWERS - JANUARY 2014
Note to Candidates and Tutors: LEVEL 3 - UNIT 6 EMPLOYMENT LAW SUGGESTED ANSWERS - JANUARY 2014 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points
More informationEMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
Appeal No. EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 4 June 1997 Judgment delivered on 22 July 1997 Before HIS HONOUR JUDGE J HULL QC MR D A C LAMBERT MR T C
More informationAnti-Discrimination, Harassment and Bullying Policy
DEFINTIONS Discrimination Unlawful discrimination may be either direct or indirect and takes place where a person treats another person unfavourably on the basis of: race; age; sexual orientation; lawful
More informationBefore : LORD JUSTICE MUMMERY LORD JUSTICE LONGMORE and MR JUSTICE LEWISON Between :
Case No: A2/2005/1312 Neutral Citation Number: [2006] EWCA Civ 102 IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL HIS HONOUR JUDGE D SEROTA
More informationThe Burden of Proof in Sex Discrimination Cases
EU Gender Equality Law The Burden of Proof in Sex Discrimination Cases Her Honour Judge Jennifer Eady QC Senior Circuit Judge Employment Appeal Tribunal This presentation The aim of this presentation is
More informationGender equality in the UK - the legal framework
Gender equality in the UK - the legal framework Item Type Newsletter Authors Guth, Jessica Citation Guth, J. (ed.)(2008). Gender equality in the UK - the legal framework. Bradford, Bradford University
More informationThe Burden of Proof in Discrimination Cases. Her Honour Judge Stacey Circuit Judge Crown Court, County Court and Employment Appeal Tribunal
The Burden of Proof in Discrimination Cases Her Honour Judge Stacey Circuit Judge Crown Court, County Court and Employment Appeal Tribunal This presentation The aim of this presentation is to provide a
More informationEMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS. At the Tribunal On 12th December 2002 Judgment delivered on 11 March 2003
Appeal No. EAT/0018/02TM EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 12th December 2002 Judgment delivered on 11 March 2003 Before HIS HONOUR JUDGE J ALTMAN MR
More informationTHE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 2 June 2015 On 16 June Before DEPUTY UPPER TRIBUNAL JUDGE MONSON
Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: IA/31368/2014 THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 2 June 2015 On 16 June 2015 Before DEPUTY UPPER
More informationTHE IMMIGRATION ACTS. On 20 March 2015 On 17 April Before UPPER TRIBUNAL JUDGE O CONNOR. Between
Upper Tribunal (Immigration and Asylum Chamber) THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 20 March 2015 On 17 April 2015 Before UPPER TRIBUNAL JUDGE O CONNOR Between THE
More informationJUDGMENT. Hewage (Respondent) v Grampian Health Board (Appellant) (Scotland)
Trinity Term [2012] UKSC 37 On appeal from: [2011] CSIH 4 JUDGMENT Hewage (Respondent) v Grampian Health Board (Appellant) (Scotland) before Lord Hope, Deputy President Lady Hale Lord Mance Lord Kerr Lord
More informationHARASSMENT POLICY. Our Mission: Developing the game by inspiring British Columbians to lifelong active, inclusive and team play
HARASSMENT POLICY Our Mission: Developing the game by inspiring British Columbians to lifelong active, inclusive and team play Revised March 4, 2010 CONTENTS INTRODUCTION... 3 SECTION 1 GENERAL... 3 SECTION
More informationHuman Rights and Anti-discrimination Bill 2012 Exposure Draft
Human Rights and Anti-discrimination Bill 2012 Exposure Draft Submission to Senate Legal and Constitutional Affairs Committee December 2012 Prepared by Adam Fletcher and Professor Sarah Joseph 1 Introduction
More informationFollow the Yellow Brick Road: Munchkins Restaurant Ltd and another v Karmazyn, liability of employers for long-term harassment
Follow the Yellow Brick Road: Munchkins Restaurant Ltd and another v Karmazyn, liability of employers for long-term harassment International Journal of Discrimination and the Law 11(3) 140 149 ª The Author(s)
More informationEMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON, EC4Y 8AE
Appeal No. EMPLOYMENT APPEAL TRIBUNAL FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON, EC4Y 8AE At the Tribunal on 19 October 2015 Judgment handed down on 16 November 2015 Before THE HONOURABLE MR JUSTICE
More informationSUMMARY OF THE UNION S SUBMISSION
1. DISPUTE 1.1 This dispute concerns a claim by the MANDATE Trade Union, on behalf of Mr. Bernard Ivory, that Tesco Ireland Limited (formerly Power Supermarket Limited) directly and indirectly discriminated
More informationJUDGMENT. Honourable Attorney General and another (Appellants) v Isaac (Respondent) (Antigua and Barbuda)
Easter Term [2018] UKPC 11 Privy Council Appeal No 0077 of 2016 JUDGMENT Honourable Attorney General and another (Appellants) v Isaac (Respondent) (Antigua and Barbuda) From the Court of Appeal of the
More informationApplicant. ANDRE NEL Respondent. S C Dench and S J Kopu for Applicant C W Stewart and E L Taylor for Respondent JUDGMENT OF THE COURT
NOTE: EMPLOYMENT RELATIONS AUTHORITY ORDER REQUIRING COMPLAINANT TO BE ANONYMISED AS MS A AND PROHIBITING THE PUBLICATION OF ANY INFORMATION THAT MIGHT LEAD TO HER IDENTIFICATION REMAINS IN FORCE. IN THE
More informationCHAPTER 4 NEW ZEALAND BILL OF RIGHTS ACT 1990 AND HUMAN RIGHTS ACT 1993 INTRODUCTION
110 CHAPTER 4 NEW ZEALAND BILL OF RIGHTS ACT 1990 AND HUMAN RIGHTS ACT 1993 Background INTRODUCTION The New Zealand Bill of Rights Act 1990 (Bill of Rights Act) affirms a range of civil and political rights.
More informationBeyond Trousers: The Public Order Regime and the Human Rights of Women and Girls in Sudan. Summary and Recommendations
Beyond Trousers: The Public Order Regime and the Human Rights of Women and Girls in Sudan A Discussion Paper Submission to the 46 th Ordinary Session of the African Commission on Human and Peoples Rights,
More informationIN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA Civil Division
IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA Civil Division KATONNA TERRELL : Plaintiff, : v. : Civil Action No. 04-4635 Calendar 2 FRITZ JONES, et. al : Judge Rankin Trial Date January 23, 2006
More informationPresent: Carrico, C.J., Compton, Lacy, Hassell, Keenan, and Koontz, JJ., and Whiting, Senior Justice
Present: Carrico, C.J., Compton, Lacy, Hassell, Keenan, and Koontz, JJ., and Whiting, Senior Justice BRIDGETTE JORDAN, ET AL. OPINION BY JUSTICE A. CHRISTIAN COMPTON v. Record No. 961320 February 28, 1997
More informationIN THE EUROPEAN COURT OF HUMAN RIGHTS. EWEIDA AND CHAPLIN v UNITED KINGDOM SUBMISSION OF THE EQUALITY AND HUMAN RIGHTS COMMISSION
Application nos 48420/10, 59842/10 IN THE EUROPEAN COURT OF HUMAN RIGHTS EWEIDA AND CHAPLIN v UNITED KINGDOM SUBMISSION OF THE EQUALITY AND HUMAN RIGHTS COMMISSION pursuant to Article 36 2 of the European
More informationCase 3:10-cv DPJ -FKB Document 26-1 Filed 12/03/10 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION
Case 3:10-cv-00455-DPJ -FKB Document 26-1 Filed 12/03/10 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION CEARA LYNN STURGIS, Plaintiff, v. CIVIL ACTION NO.: 3:10-cv-455
More informationTHE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT
1 THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT In the matter between: NOT REPORTABLE Case no: C1078/15 NATIONAL UNION OF MINE WORKERS MZUKISI MANDABA & 3 OTHERS First Applicant Second to Fifth
More informationCODE OF CONDUCT. and REGULATIONS FOR DEALING WITH COMPLAINTS
CODE OF CONDUCT and REGULATIONS FOR DEALING WITH COMPLAINTS Baptist Churches of South Australia : CODE OF CONDUCT CODE OF CONDUCT Baptist Churches of South Australia : CODE OF CONDUCT CONTENTS 1. Definitions...
More informationCODES OF GOOD PRACTICE Pursuant to section 15(1)(a) of the Public Service Act , I, PAKALITHA BETHUEL MOSISILI
CODES OF GOOD PRACTICE 2005 Pursuant to section 15(1) of the Public Service Act 2005 1, I, PAKALITHA BETHUEL MOSISILI Prime Minister of Lesotho and Minister responsible for public service, make the following
More informationDiscrimination Law Review: A Framework for Fairness. Response by Commission for Racial Equality. September Executive Summary of Recommendations
Discrimination Law Review: A Framework for Fairness Response by Commission for Racial Equality September 2007 Executive Summary of Recommendations Guiding Principles We consider that the structure of progressive
More informationREMEDIES & SANCTIONS. James Arnold
REMEDIES & SANCTIONS James Arnold Introduction 1. The aim of the legislation surrounding European law is establish and maintain a Europe free from discrimination regarding certain protected characteristics:
More informationJersey Employment and Discrimination Tribunal
Jersey Employment and Discrimination Tribunal Annual Report 2016 Contents Overview... 2 Comments from the Chairman... 3 Statistics Relating to Employment Law... 5 Who brings a case to the Employment and
More informationThe Newcastle upon Tyne Hospitals NHS Foundation Trust. Employment Policies and Procedures. Policy Statement on the Recruitment of Ex-Offenders
The Newcastle upon Tyne Hospitals NHS Foundation Trust Employment Policies and Procedures Policy Statement on the Recruitment of Ex-Offenders Version.: 3.0 Effective From: 1 September 2016 Expiry Date:
More informationPOLICE SERVICE OF SCOTLAND (PERFORMANCE) REGULATIONS 2014 GUIDANCE
POLICE SERVICE OF SCOTLAND (PERFORMANCE) REGULATIONS 2014 GUIDANCE INDEX 1 Performance Regulations... 3 1.1 Introduction... 3 1.2 Delegated authority... 3 1.3 Unsatisfactory performance... 4 1.4 Scope...
More informationMAKING THE RACE AND FRAMEWORK DIRECTIVES REAL: REMEDIES AND SANCTIONS FOR UNLAWFUL DISCRIMINATION. Henrietta Hill 1
MAKING THE RACE AND FRAMEWORK DIRECTIVES REAL: REMEDIES AND SANCTIONS FOR UNLAWFUL DISCRIMINATION Henrietta Hill 1 Introduction 1. The Preambles of both the Race and Employment Framework Directives 2 make
More informationThe Equality Tribunal published 11 decisions for March 2015.
The Equality Tribunal published 11 decisions for March 2015. The Director of the Equality Tribunal has recently published the following Decisions of the Tribunal: Employment Equality Decisions Upheld:
More informationTHE INDUSTRIAL TRIBUNALS
THE INDUSTRIAL TRIBUNALS CASE REF: 1188/13 CLAIMANT: Nicola McNamee RESPONDENT: Millie McWilliams and Ken Neely t/a Melting Moments Bakery DECISION The unanimous decision of the tribunal is that the claimant
More informationIN THE HIGH COURT OF JUSTICE
ST VINCENT AND THE GRENADINES CIVIL SUIT NO. 448 OF 1998 IN THE HIGH COURT OF JUSTICE In the Matter of an Application by Andrea Young for an Order of Certiorari - and - In the Matter of a Decision dated
More informationA-v-West Yorkshire Police (Employment Tribunal, Nov 1999)
A-v-West Yorkshire Police (Employment Tribunal, Nov 1999) Employment Tribunal second ruling November 1999 Foreword This second decision of the employment tribunal assessed the respondents liability for
More informationDISCRIMINATION (JERSEY) LAW Revised Edition Showing the law as at 1 January 2017 This is a revised edition of the law
DISCRIMINATION (JERSEY) LAW 2013 Revised Edition Showing the law as at 1 January 2017 This is a revised edition of the law Discrimination (Jersey) Law 2013 Arrangement DISCRIMINATION (JERSEY) LAW 2013
More informationPUBLIC RECORD. Record of Determinations Medical Practitioners Tribunal. Dates: 16/10/ /10/2017
PUBLIC RECORD Dates: 16/10/2017 18/10/2017 Medical Practitioner s name: Dr Johannes Christiaan Hermanus BASSON GMC reference number: 4056885 Primary medical qualification: Type of case New - Misconduct
More information- Equality Directives and EU Human Rights Frameworks
1 The political and social landscape Relationships between: - Equality Directives and EU Human Rights Frameworks -EU and Council of Europe - EU and United Nations 2 1 Treaty of Rome 1958: European Economic
More informationPUBLIC RECORD. Record of Determinations Medical Practitioners Tribunal
PUBLIC RECORD Dates: 01/11/2017 03/11/2017 Medical Practitioner s name: Dr Mohamed AMRANI GMC reference number: 3419692 Primary medical qualification: Type of case New - Conviction / Caution MD 1987 Universite
More informationMS THE EMPLOYMENT TRIBUNALS BETWEEN JUDGMENT OF THE EMPLOYMENT TRIBUNAL. Ms J Andrews, Consultant Mr G Goodlad, of Counsel RESERVED JUDGMENT
Co 11(.3 f I~'-"" Case Number: 2201804/2011 MS THE EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Miss T A Bridgeman AND Family Mosiac Housing Association JUDGMENT OF THE EMPLOYMENT TRIBUNAL HELD AT:
More information4.12: Impeachment AP U. S. GOVERNMENT
4.12: Impeachment AP U. S. GOVERNMENT Impeachment To bring formal charges against a high ranking official Sometimes, however, a President can be censured which means that they are publicly reprimanded
More informationThe 2017 ICC Rules of Arbitration and the New ICC Expedited Procedure Provisions A View from Inside the Institution
2017 ISSUE 1 63 ICC PRACTICE AND PROCEDURE The 2017 ICC Rules of Arbitration and the New ICC Expedited Procedure Provisions A View from Inside the Institution José Ricardo Feris José Ricardo Feris is Deputy
More informationReligious discrimination in the workplace: the case of Eweida and Others v the United Kingdom
Religious discrimination in the workplace: the case of Eweida and Others v the United Kingdom Standard Note: SN06533 Last updated: 28 May 2013 Author: Section Doug Pyper Business & Transport Section This
More informationThe Employment Law Changes Introduced on 6 April 2012
The Employment Law Changes Introduced on 6 April 2012 1) April is normally a time for change in employment law and this April was no exception. On 6 April some significant procedural changes and amendments
More informationCivil Resolution Tribunal. Indexed as: Betuzzi v. The Owners, Strata Plan K350, 2017 CRTBC 6. Mark Betuzzi APPLICANT
Date Issued: February 15, 2017 File: ST-2016-00025 Civil Resolution Tribunal Indexed as: Betuzzi v. The Owners, Strata Plan K350, 2017 CRTBC 6 B E T W E E N : Mark Betuzzi APPLICANT A ND: The Owners, Strata
More informationTHE INDUSTRIAL TRIBUNALS
THE INDUSTRIAL TRIBUNALS CASE REFS: 1128/15 1130/15 CLAIMANTS: 1. Paulina Paczkowska (Nee Czaplo) 2. Agnieszka Anna Golygowska RESPONDENT: Avoca Handweavers (NI) Limited DECISION The unanimous decision
More informationAnalysis of legal issues and information tips on how to respond critically
Additional resources Analysis of legal issues and information tips on how to respond critically Brief examples of how each of the criteria examined on pages xix xxiii of the Cambridge Legal Studies HSC
More informationFIGHTING SEX DISCRIMINATION CASES AND SHIFTING THE BURDEN OF PROOF
FIGHTING SEX DISCRIMINATION CASES AND SHIFTING THE BURDEN OF PROOF Rachel Crasnow, Barrister, Cloisters Chambers, London Introduction 1. The burden of proof is the obligation on a party to establish the
More informationRoyal Mail Group Ltd. Bullying & Harassment Procedure Agreement. 1 st July 2013 For all employees of Royal Mail Group
Royal Mail Group Ltd Bullying & Harassment Procedure Agreement 1 st July 2013 For all employees of Royal Mail Group 1 Joint Royal Mail, CWU, Unite Statement 1. Royal Mail Group, CWU and Unite are committed
More informationJUDGMENT. Bimini Blue Coalition Limited (Appellant) v The Prime Minister of The Bahamas and others (Respondents)
[2014] UKPC 23 Privy Council Appeal No 0060 of 2014 JUDGMENT Bimini Blue Coalition Limited (Appellant) v The Prime Minister of The Bahamas and others (Respondents) From the Court of Appeal of the Commonwealth
More information2. This is an appeal to the Commissioner by the claimant, a is as follows: Invalidity pension is not payable
MJG/MB/11 Commissioner's File: CS/347/1992 SOCIAL SECURITY ACTS 1975 TO 1990 SOCIAL SECURITY ADMINISTRATION ACT 1992 CLAIM FOR INVALIDITY BENEFIT DECISION OF THE SOCIAL SECURITY COMMISSIONER [ORAL HEARING]
More informationEMPLOYMENT TRIBUNALS. Heard at: London South On: December 2017 JUDGMENT
EMPLOYMENT TRIBUNALS Claimant: Respondent: Ms H Rochester Ingham House Ltd Heard at: London South On: 11-12 December 2017 Before: Members: Employment Judge Siddall Ms S Murray Ms N Christofi Representation
More informationPRECIS OF THE REPORT INTO THE DISMISSAL OF DEPUTY HEADMASTER, ROHAN BROWN
PRECIS OF THE REPORT INTO THE DISMISSAL OF DEPUTY HEADMASTER, ROHAN BROWN This precis summarises the principal parts of the report submitted by Mr Ray Finkelstein AO QC and Ms Renee Enbom. For a number
More informationHomelessness and the Equality Act 2010
Homelessness and the Equality Act 2010 Homelessness and the Equality Act Under the Equality Act, it is unlawful for a public authority to discriminate against people, in the way that it exercises its functions.
More informationNOTE. Falkirk Council and others v Whyte and others [1997] IRLR 560 (EAT)
RECENT CASES NOTE DISCRIMINATION LAW: REQUIREMENTS AND PREFERENCES Falkirk Council and others v Whyte and others [1997] IRLR 560 (EAT) 1. INTRODUCTION In Perera v Civil Service Commission (No 2) ([1983]
More informationThe legal framework on gender equality. Marjolein van den Brink ERA Trier, 21 November 2016
The legal framework on gender equality Marjolein van den Brink ERA Trier, 21 November 2016 what I will not do: goods & services quota outline and many other issues (sorry) 1. overview legal instruments,
More informationDECISION OF THE SOCIAL SECURITY COMMISSIONER
DECISION OF THE SOCIAL SECURITY COMMISSIONER CIS 170 2003 1 I allow the appeal. The claimant and appellant (Mrs S) is appealing with my permission against the decision of the Sutton appeal tribunal on
More informationPolicy on Sexual Harassment of Women at Workplace
Policy on Sexual Harassment of Women at Workplace 1. Objective To create a work environment where safety and dignity of women Employees is ensured and they are protected from Sexual Harassment as envisaged
More informationIN THE HIGH COURT OF JUSTICE AND
REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV NO. 2014-02019 IN THE MATTER OF THE JUDICIAL REVIEW ACT CHAPTER 7:08 AND IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW IN ACCORDANCE
More informationIN THE SUPREME COURT OF BELIZE, A.D. 2007
1 CLAIM NO. 292 IN THE SUPREME COURT OF BELIZE, A.D. 2007 (BELIZE TELECOM LIMITED (JEFFREY PROSSER (BOBBY LUBANA (PUBLIC SERVICE UNION (BELIZE NATIONAL TEACHERS UNION ( (AND ( (THE ATTORNEY GENERAL OF
More informationEMPLOYMENT APPEAL TRIBUNAL 52 MELVILLE STREET, EDINBURGH, EH3 7HF
Appeal No. EMPLOYMENT APPEAL TRIBUNAL 52 MELVILLE STREET, EDINBURGH, EH3 7HF At the Tribunal On 12 October 2012 Before THE HONOURABLE LADY SMITH MISS J GASKELL MRS A E HIBBERD HAIR DIVISION LTD APPELLANT
More informationEAA Court Procedural Rules
EAA Court Procedural Rules April 2017 Except where inappropriate to the context, the masculine gender used in this Rules shall include the feminine. 1. Application of these Procedural Rules 1.1 These Procedural
More informationCriminal casework Standard paragraphs for bail summaries
Criminal casework Standard paragraphs for bail summaries Page 1 of 61 Guidance Standard paragraphs for bail summaries 4.0 Valid from 11 August 2014 Standard paragraphs for bail summaries About this guidance
More informationSamuel G. Momanyi v Attorney General & another [2012] eklr REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Petition 341 of 2011 SAMUEL G. MOMANYI..PETITIONER VERSUS THE HON. ATTORNEY GENERAL..... 1ST RESPONDENT SDV TRANSAMI KENYA LTD....2ND
More informationTHE CHARTERED INSURANCE INSTITUTE Disciplinary Procedure Rules
THE CHARTERED INSURANCE INSTITUTE Disciplinary Procedure Rules Part 1 General Authority and Purpose 1.1 These Rules are made pursuant to The Chartered Insurance Institute Disciplinary Regulations 2015.
More informationUNIFORM EVIDENCE LAW GUIDEBOOK
UNIFORM EVIDENCE LAW GUIDEBOOK JOHN ANDERSON AND ANTHONY HOPKINS CHAPTER 2: PROOF AND PRESUMPTIONS ASSESSMENT PREPARATION (PP 35-37) REVIEW PROBLEMS ADDITIONAL NOTES Case 1 (a) Facts in issue: Existence
More informationTHE TOP TEN ISSUES IN EMPLOYMENT DISCRIMINATION LAW: RETALIATION
THE TOP TEN ISSUES IN EMPLOYMENT DISCRIMINATION LAW: Zachary D. Fasman and Barbara L. Johnson American Bar Association Section of Labor and Employment Law 2nd Annual CLE Conference Denver, Colorado September
More information7. The proper definition of a PCP is the essential first step in two types of claim:
A. INTRODUCTION What is the purpose of defining a PCP? 1. The purpose of defining a provision, criterion or practice ( PCP ) is to put the Employment Tribunal in a position to assess whether something
More informationIN THE EMPLOYMENT COURT CHRISTCHURCH [2018] NZEmpC 75 EMPC 250/2017. pleadings. GEORGINA RACHELLE Plaintiff. AIR NEW ZEALAND LIMITED Defendant
IN THE EMPLOYMENT COURT CHRISTCHURCH IN THE MATTER OF AND IN THE MATTER BETWEEN AND [2018] NZEmpC 75 EMPC 250/2017 a challenge to a determination of the Employment Relations Authority of an application
More informationSPENCER KEEN S COMPARATIVE GUIDE TO THE EQUALITY ACT 2010
Overview of the Structure of the Act... 2 Introduction to the Guide... 3 Section 4 The Protected Characteristics... 4 Section 5 Definition of Age Group... 5 Section 6 Definition of Disability... 6 Section
More informationBackground. The London Debate
Decision of the Election Committee on a Due Impartiality Complaint Brought by Siobhan Benita in relation to The London Debate, Sky News, 19 April 2012 1 On Monday 30 April 2012, Ofcom s Election Committee
More informationWilliams -v- The Secretary of State for Business, Energy and Industrial Strategy [2018] EWCA CIV 852 TOM CARTER
Williams -v- The Secretary of State for Business, Energy and Industrial Strategy [2018] EWCA CIV 852 TOM CARTER 1 1. The Court of Appeal handed down its judgment in this case on 20 April 2018. Tom Carter
More informationINFORMATION BULLETIN
INFORMATION BULLETIN #18 THE DUTY OF FAIR REPRESENTATION I. INTRODUCTION When a union becomes the exclusive bargaining agent for a unit of employees, it normally negotiates a collective agreement with
More informationIN THE HIGH COURT OF JUSTICE BETWEEN AND BEFORE THE HONOURABLE MADAM JUSTICE JUDITH JONES
REPUBLIC OF TRINIDAD AND TOBAGO CV2014-02620 IN THE HIGH COURT OF JUSTICE BETWEEN TERRENCE AND CHARLES Claimant CHIEF OF THE DEFENCE STAFF First Defendant THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Second
More informationThis leaflet sets out the commitment of members to a code of ethics and conduct.
Code of Conduct This leaflet sets out the commitment of members to a code of ethics and conduct. IHE members make a professional commitment to act responsibly with regard to safety and the environment,
More information