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CASE LAW UPDATE QUIZ ANSWERS. ANSWER TO QUESTION 1. Rolls Royce Plc v Unite the Union High Court had held that having length of service as one part of a redundancy selection policy is not unlawful discrimination. ANSWER TO QUESTION 2.
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ANSWER TO QUESTION 1 • Rolls Royce Plc v Unite the Union • High Court had held that having length of service as one part of a redundancy selection policy is not unlawful discrimination.
ANSWER TO QUESTION 2 • E-Zec Medical Transport Service Limited v Gregory (UKEAT/0192/08) • Outside band of reasonable responses for key criteria to be left to one individual who was unable to support his marking by reference to any company documents, who had not spoken to any other manager, and who had not made notes or given any indication of how his choice was made
ANSWER TO QUESTION 3 • Sharon Colman v EBR Attridge Law (formerly Attridge Law) & Mr Steve Law (2303745/2005) • The Disability Discrimination Act is capable of being interpreted so as to protect those associated with a disabled person from discrimination or harassment
ANSWER TO QUESTION 4 • Chief Constable of West Yorkshire Police v Mr T Homer (UKEAT/0191/08/RN) • A requirement to hold a law degree in order to be graded at a higher pay scale was not indirect discrimination
ANSWER TO QUESTION 5 • The Royal Bank of Scotland plc v Mrs Harrison (EAT, 27.06.08, Burke QC) • A woman who was given advance notice of the unavailability of her child minder had exercised her right to take time off to care for her dependent • Mrs H had tried to find alternative care but was unsuccessful
ANSWER TO QUESTION 6 • Dickins v O2 plc (CA, 16.10.08) • Employer liable for the stress suffered by one of its employees • Sufficient indication of impending harm to employee’s health, which was not out of the blue • Employer’s suggestion of confidential counselling not enough to fulfil their duty of care • Employer’s breach must make a material contribution to the employee’s ill health
ANSWER TO QUESTION 7 • Saini v All Saints Haque Centre (UKEAT/0227/08/ZT) • It is unlawful for an employee to be harassed because of another person’s religious beliefs
ANSWER TO QUESTION 8 • Eweida v British Airways plc • British Airway’s policy forbidding items of jewellery (such as a silver cross) from being worn “visibly” outside the uniform did not indirectly discriminate against Christians
ANSWER TO QUESTION 9 • Stephen English v Thomas Sanderson Limited (2008) EWCA Civ 1421 • A straight man who suffered homophobic banter and whose colleagues knew that he was not gay was unlawfully discriminated by virtue of the Sexual Orientation Regulations 2003
ANSWER TO QUESTION 10 • Stringer v HM Revenue and Customs (HMRC) • Workers on sick leave entitled to take paid annual leave during a period of sickness orcan carry it over to the next leave year • Those who have been off sick for all or part of a holiday year are entitled to be paid their accrued annual leave on termination of their employment