header-logo header-logo

03 August 2012
Issue: 7525 / Categories: Case law , Law digest , In Court
printer mail-detail

Employment

Hewage v Grampian Health Board [2012] UKSC 37, [2012] All ER (D) 253 (Jul)

The points made by the Court of Appeal about the effect of s 63A(2) of the Sex Discrimination Act 1975 and s 54A(2) of the Race Discrimination Act 1976 in Igen Ltd v Wong [2005] IRLR 258 and Madarassy v Nomura International plc [2007] IRLR 246 could not be more clearly expressed, and there was no need for any further guidance. Furthermore, as Underhill J pointed out in Martin v Devonshires Solicitors [2011] All ER (D) 345 (Mar), it was important not to make too much of the role of the burden of proof provisions. They would require careful attention where there was room for doubt as to the facts necessary to establish discrimination. But they had nothing to offer where the tribunal was in a position to make positive findings on the evidence one way or the other.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll