Summary Whilst, strictly speaking, this case falls outside of employment law, the learning points from it make it essential reading for all employers. In this matter, the Supreme Court ruled that those who obtain employment through fraud and deception can be deprived of the proceeds they enjoyed as a result, calculated by taking the difference between the salary they had, when being honest, and what they actually got through fraud and deception.   Law The law in this case is outside the…

The Employment Appeal Tribunal (EAT) has provided clarity on establishing the link between individual and group disadvantage when bringing a claim for indirect age discrimination. Under the Equality Act 2010, indirect age discrimination occurs when: a provision, criterion or practice (PCP) is applied to people of all ages, but the PCP disadvantages people of one age (or in a particular age group) more when compared with persons of a different age or age group the PCP causes an individual…

Summary This case highlights the importance of requesting references from previous employers to confirm the information contained in a job application or CV. Facts The claimant was a trained pilot who had worked in First Officer positions. The organisation advertised a job vacancy for a Captain and the claimant applied for this role. In his application, he lied and stated that he had previously carried out work as a Captain. As a method of supporting this lie, the claimant included a…

Summary Was it unlawful discrimination to refuse to grant a licence to a priest because his same sex marriage was contrary to Church of England doctrine? The Marriage (Same Sex Couples) Act 2013 introduced lawful same sex marriages. The Canons of the Church of England set out that marriage is the union of one man with one woman. Following the introduction of the legislation, a statement of Pastoral Guidance was distributed which confirmed the Canon remained part of Ecclesiastical law and it…

Summary Is a refusal to recruit because of previous trade union activities a refusal of employment because of trade union membership under s137(1)(a) Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”)? Facts Denby, a qualified pilot, started working at the airline in November 2005. In 2008, Denby became Chairman of the Crew Council and pilot representative for two airports. He was also a member of the British Airline Pilots’ Association (“BALPA”) and was becoming…

Summary This ruling confirms that bogus job applicants are not protected by European equality law and must have a genuine interest in the role they are applying for before they can make a discrimination claim.   A German company had advertised graduate trainee positions requiring a good, relevant university degree completed in the last year, or to be completed in the coming months, and relevant practical vocational experience. Kratzer applied for a trainee legal position stating that, as…

Summary Requiring employee to have a degree was indirectly discriminatory.   Facts   Homer retired from the police force, at the rank of detective inspector , after 30 years' service. He then moved to work as a legal adviser in the Police National Legal Database (PNLD).   The requirements for this post were (i) a law degree or (ii) the equivalent of a law degree or (iii) exceptional experience/skills in criminal law as well as a lesser qualification in law.   Homer did not have a…

Summary Police do not owe a duty of care when disclosing information for an enhanced criminal record certificate. Facts Desmond was arrested in 2001 for an alleged sexual assault. One week later the charges were dropped when the complainant was not able to determine whether Desmond (who denied responsibility for the crime) was the person involved. The file was closed, and the police officer concerned noted that Desmond was not responsible for the crime.   Nothing more was heard about the…

Summary Discrimination in recruitment advertising. Facts Berry made a claim of age discrimination in relation to a number of job advertisements (this was one of 50 claims he made to the employment tribunal). He argued that all the advertisements amounted to age discrimination because of their wording. In this particular case, the wording of the advert stated that the job would suit a school leaver. When he enquired about the job, he was told that the wording was a mistake and he was…

Summary Automatically excluding non-EEA applications because of little likelihood of obtaining a work visa was racially discriminatory   Purohit, a non-EEA national, had attempted to complete an online application form for a training contract with Osborne Clarke, an English law firm. As part of the application process, he was asked a number of preliminary questions, one of which enquired whether he held a work permit entitling him to work in the UK. When he answered “no” to this question, he…

Summary Probationary period came to an end automatically on the date agreed  Facts When Przybylska was recruited, her contract included a term that the employment was subject to a three-month probationary period. At the end of the probationary period, there would be an objective performance assessment which in turn would establish whether or not the employment would be confirmed. At the discretion of management, the probationary period could be extended.   The contract also stated…

Summary Discriminator’s conscious motivation not a necessary ingredient of unlawful victimisation   Nagarajan had previously brought a number of race discrimination complaints against his employer, London Regional Transport (LRT) which had been largely unsuccessful. When he applied internally for a vacant post, he was rejected. One of the members of the interview panel had given him only one point out of 10 for articulateness and noted that he was "very anti-management". The only source of…

Summary Refusal to employ a woman for reasons related to pregnancy was direct sex discrimination. Facts Dekker, who was pregnant, applied for a post as a training instructor with a youth centre run by an organisation in the Dutch public sector. She informed the selection committee that she was pregnant. Although Dekker was the most suitable candidate for the post and had been recommended for appointment by the selection committee, she was not taken on. The employer argued that the reason…