"Political opinion" given broad meaning

Article Abstract:

The Northern Ireland Court of Appeal held in McKay v Northern Ireland Public Service Alliance that 'political opinion' must be read broadly in the Fair Employment (Northern Ireland) Act 1976. The Fair Employment Tribunal found that only opinion related to the Unionist Nationalist division of Northern Ireland was protected, after it sought recourse in Hansard. The Court ruled otherwise, and rebuked the Tribunal for turning to Hansard when the ordinary meaning was not obscure. Political views are not so protected elsewhere in the UK.

Northern Ireland, Employee selection

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"Intentional" indirect discrimination finding upheld

Article Abstract:

The UK Employment Appeal Tribunal (EAT) in London Underground Ltd v Edwards decided an industrial tribunal may find intentional indirect discrimination when an employer decided to apply a policy knowing it would have discriminatory effects. The case concerned a train operator who, as a single mother, was adversely affected by a new system of determining shifts. The EAT held that the tribunal was wrong to compare her situation against that of other single parents, rather than all train operators.

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Employers not vicariously liable for discrimination

Article Abstract:

The tribunal decision in Tower Boot Co v Jones held that UK employers were not liable for racial harassment of an employee if the harassers did not act in the course of their employment. A related holding in Cobham v Forest Healthcare NHS Trust stated the employer was not liable for the threatening behavior of an employee towards a black colleague, again because the behavior was not a wrongful performance of the employee's duties.

Race discrimination, Harassment (Law), Harassment

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