The Court of Appeal (‘CoA’) has held that there was no indirect discrimination where the underlying reason behind a ‘provision, criterion or practice’ (‘PCP’) operated by an employer was not discriminatory. The claim of indirect discrimination was brought by Mr Naeem, who is employed by the Prison Service as a full-time imam at HMP Bullingdon. Until 2002, the Prison Service employed only Christian chaplains full-time due to a lack of demand for chaplains of other faiths (who were employed on a sessional basis only). From 2002, it started to hire full-time Muslim as well as Christian chaplains due to an increase in the number of Muslim prisoners. |
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Case Reports |
2016/24 Claimant required to show the ‘reason why’ the underlying reason behind a practice was indirectly discriminatory (UK) |
Journal | European Employment Law Cases, Issue 2 2016 |
Keywords | Race discrimination, Discrimination on the grounds of religion or belief, Indirect discrimination, Underlying reason for PCP |
Authors | Anna Bond |
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Case Reports |
2016/15 Former CEO awarded € 1,250,000 compensation for unfair dismissal (IR) |
Journal | European Employment Law Cases, Issue 1 2016 |
Keywords | unfair dismissal |
Authors | Orla O’Leary |
AbstractAuthor's information |
Under Irish law, an employee claiming compensation for constructive dismissal bears a high burden of proof. Failure to exhaust the employer’s grievance procedure before bringing such a claim to court is generally a recipe for failure. However, a CEO who brought such a claim without first going through the grievance procedure was recently awarded record compensation of € 1.25 million. |
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