England and Wales Case Law

X v The Chief Constable of Gwent Police & Anor

The respondent's placement of the claimant on restricted duties and intrusive questioning were acts of direct disability discrimination, harassment, and unfavourable treatment arising from disability, not justified by any legitimate aim or proportionate means. The respondent failed to conduct a proper risk assessment, relied on stigma and misconceptions about HIV, and did not consider less restrictive alternatives. The conduct caused significant injury to feelings and was aggravated by the respondent's disclosure of the claimant's diagnosis without consent.

Source excerpt

• Disability discrimination
• Direct discrimination
• Indirect discrimination
• Harassment
• Discrimination arising from disability
• Remedies in discrimination cases

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Allen & Ors v GMB

Allen & Ors v GMB [2008] EWCA Civ 810 (16 July 2008)

The Court of Appeal held that a trade union’s negotiation strategy and member communications could form part of the means in an indirect discrimination claim, and restored the tribunal’s finding.

• Indirect discrimination
• Sex discrimination
• Trade union liability
• Equal pay
• Remedies in discrimination cases
• Indirect-discrimination

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X School v SP & Anor

X School v SP & Anor [2008] EWHC 389 (Admin) (03 March 2008)

High Court appeal over school exclusions of a pupil with ADHD. The court upheld findings of unlawful disability discrimination and the Tribunal’s remedies.

• Disability discrimination in education
• School exclusions
• Reasonable adjustments
• Remedies in discrimination cases
• Disability-discrimination
• School-exclusions

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X School v SP & Anor

The High Court dismissed X School’s appeal against a tribunal finding that fixed-term exclusions of a pupil with ADHD were discriminatory and unjustified.

• Disability discrimination in education
• School exclusions
• Reasonable adjustments
• Remedies in discrimination cases
• Disability-discrimination
• School-exclusions

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Williams v Home Office

Court of Appeal dismissed an employment discrimination appeal by a Home Office officer, upholding findings on phased-return pay and refusing to disturb the tribunal’s reasoning.

• Race discrimination
• Employment tribunal procedure
• Burden of proof
• Remedies in discrimination cases
• Race-discrimination
• Employment-tribunal-procedure

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Williams v Home Office

Williams v Home Office [2005] EWCA Civ 1648 (27 July 2005)

The Court of Appeal dismissed an employment discrimination appeal by Sandra Williams against the Home Office, upholding findings that one complaint failed and one succeeded.

• Direct race discrimination
• Burden of proof
• Comparators in discrimination cases
• Remedies in discrimination cases
• Perversity test in appeals
• Employment-discrimination

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Bahl v The Law Society & Anor

The Court of Appeal dismissed Dr Bahl’s appeal, upholding the EAT’s reversal of findings that the Law Society, Robert Sayer and Jane Betts had discriminated against her.

• Race discrimination
• Sex discrimination
• Unconscious bias
• Employment tribunal procedure
• Burden of proof
• Comparators in discrimination

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Harris v Lewisham And Guy's Mental Health Trust

Harris v Lewisham And Guy's Mental Health Trust [2000] EWCA Civ 87 (23 March 2000)

The Court of Appeal held that a race discrimination complaint survives the complainant’s death and may be continued by the personal representative.

• Survival of causes of action
• Race discrimination
• Statutory torts
• Personal representatives
• Remedies in discrimination cases
• Survival-of-causes-of-action

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