One for all – no need to prove the reason for group disadvantage for indirect discrimination claim

The Supreme Court in Essop v Home Office has allowed the claimants' appeal against the Court of Appeal's rejection of their indirect discrimination claim. The Court of Appeal had taken the wrong approach in requiring the claimants to prove the reason for a lower pass rate for BME and older candidates in a test for civil service posts. 

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Thanks but no thanks – refusal of suitable alternative employment was not necessarily unreasonable

The refusal of the claimant in Dunne v Colin & Avril Ltd to accept an offer of alternative employment on redundancy did not make her dismissal fair. The fact that she had not raised a health-related reason for refusing the offer at the time did not mean she could not rely on it later.

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Clock watching – extension of time does not apply to second early conciliation certificate

The EAT in Commissioners for HM Revenue and Customs v Garau decided that there was no extension to the limitation period for bringing a tribunal claim, despite the claimant having applied for and received two ACAS early conciliation certificates. The first certificate was issued before the ordinary three month limitation period had started and the second was not covered by the statutory scheme.

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Easter Break

Our next newsletter, after the Easter break, will be on 24th April.