Sex discrimination

£4.5 million discrimination award

An NHS trust and three senior members of staff have been ordered to pay £4.5m in compensation to a hospital consultant who was subjected to a sustained campaign of sex (and race) discrimination which resulted in chronic post-traumatic stress leaving her unable to work again in her professional capacity.
Michalak v Mid-Yorkshire Hospitals NHS Trust
 

Marital status discrimination

The legal prohibition against discrimination on the grounds of marital status doesn’t just cover that status in the abstract (i.e. whether one is married or unmarried) – it also outlaws discrimination on the grounds that someone is married to a particular person. Although the employer in this case didn’t discriminate against married people generally, the employee could rely on less favourable treatment that was specific to her marriage.
Dunn v Institute of Cemetery and Crematorium Management
 

Revised guidelines for injury to feelings compensation

In this case the EAT uprated the previous maximums for injury to feelings compensation.

Da’Bell v NSPCC
 

Employee and manager jointly liable for discrimination award

While it is fairly well known that the amount of compensation tribunals can award in discrimination cases is unlimited, what some employers may not be aware of is that both the employer and the person doing the discriminating or harassing can be jointly liable for any damages awarded.

Miles v Gilbank
 

Correct approach to burden of proof in discrimination cases

This high profile Court of Appeal case involving a banker’s £1 million discrimination claim dealt with where the ‘burden of proof’ lies in discrimination cases.

Madarassy v Nomura International plc
 

Injury to feelings awards for discrimination at interview stage

W, a single mother, applied for a job as a receptionist with Corus. She was interviewed by Mr Rushton in what the EAT described as a  ‘crassly sexist manner’. He asked whether she had any children and went on to tell her of past employees with children who had left after 6 weeks.

Corus Hotels plc v Woodward
 


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