We cross the Atlantic in this episode for the case that invented the concept of indirect discrimination – Griggs v Duke Power This is the origin story of indirect discrimination – the case that was used as the basis for the definition in the Sex Discrimination Act 1975 and the Race Relations Act 1976. Has it stood the test of time? And how does the approach of the US Supreme Court compare with that of the UK Supreme Court in Essop v Home Office?
Here is a case that you may think you’ve never heard of – but it contains the classic test of fairness when it comes to dismissing someone for poor performance or incompetence. Behind the legal principle, James v Waltham Holy Cross UBC is a strange tale of an employee whose grievance causes offence in high places.
Since this is one of the key cases setting out the Range of Reasonable Responses test it has a place close to my heart: Iceland Frozen Foods Ltd v Jones is so fundamental to the law of unfair dismissal it almost counts as part of its origin story.
Also, find out which prominent trade union lawyer once represented the Earl of Bradford!
Employment status is in the news – but there is nothing new about the issue. Carmichael & anor v National Power is about whether power station tour guides were employees. What does the case tell us about ‘looking at the reality of the situation’ and how relevant are the traditional tests for employment in the modern workplace?
It’s time we talked about TUPE – No really, its fine. Delabole Slate Ltd v Berriman is a nice and neat Court of Appeal case about just what is meant by an ETO reason. That’s the reason you have to establish to avoid a finding of unfair dismissal when someone is dismissed in connection with a transfer. As a bonus it also shows how a constructive dismissal can sometimes be fair.
Don’t forget to look for Delabole Slate gifts and souvenirs here!