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The burden of proof in discrimination claims lies with the claiment, in this case the employee, who must provide facts from which a tribunal could draw an inference of discrimination. [5] X v Kuoni Travel Ltd [2021] UKSC 34 [a] 30 July 2021 Contract Law, EU Law, Package Travel, Package Holidays and Package Tours Regulations 1992
First the claimant proved facts from which a Tribunal could conclude there was unlawful discrimination. If no such facts were proved, the claim failed. Second if facts were proven from which there could be a conclusion of discrimination, the burden shifted to the employer to explain the reasons, and that race was no part. Mr Efobi’s argument ...
The case summaries below are not official or authoritative. Unless otherwise noted, cases were heard by a panel of 5 judges. Cases involving Scots law are highlighted in orange. Cases involving Northern Irish law are highlighted in green. List of judgments of the Supreme Court of the United Kingdom delivered in 2009
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and ...
Forstater v Centre for Global Development Europe is a UK employment and discrimination case brought by Maya Forstater against the Center for Global Development (CGD). [1] [3] The Employment Appeal Tribunal decided that gender-critical views are capable of being protected as a belief under the Equality Act 2010. The tribunal further clarified ...
Uber BV v Aslam [2021] UKSC 5 is a landmark case in UK labour law and company law on employment rights. The UK Supreme Court held the transport corporation, Uber, must pay its drivers the national living wage, and at least 28 days paid holidays, from the time that drivers log onto the Uber app, and are willing and able to work.
The hearing was suspended temporarily when the Attorney General for Northern Ireland requested the case be referred to the Supreme Court due to a conflict between European human rights law and Northern Irish equality law. [9] The Court of Appeal denied the request. [2] The Court upheld the original verdict on the grounds of direct ...
The European Court of Human Rights held that the effect of UK law was to allow employers to treat employees that were unprepared to renounce the right to consult a union less favourably. The use of financial incentives to induce employees to surrender union rights violated ECHR article 11, since it effectively frustrated the union's ability to ...