Discrimination – the key developments
• Serving a questionnaire on an employer can be seen as part of an ongoing series of complaints, even though the impact of serving a questionnaire is probably a cause of greater irritation to an employer (case 1).
• The use of a hypothetical comparator is not available in claims of part-time worker discrimination (case 2).
• Part-timers are not automatically entitled to paid time off to attend health and safety training on days when they aren’t scheduled to be at work (case 3).
• Even where one job candidate is asked about nationalities and multicultural issues and another is not, tribunals need not find that discrimination has occurred (case 4).
• Non-payment of a tribunal award can amount to an act of victimisation (case 5).
• Selecting someone for redundancy partly on the basis that they have shorter service is lawful (case 6).
• In cases of direct race discrimination, the employer’s motivation for the act or omission complained of, is not relevant (case 7).
Statutes and regulations are available at www.opsi.gov.uk (and in a consolidated format at www.statutelaw.gov.uk).
Full transcripts of judicial decisions can be found at www.bailii.org.