Proving unlawful discrimination – lackadaisical attitude of investigator does not amount to discrimination

In the case of Chief Constable of Kent Constabulary v. Bowler (Race Discrimination) [2017] UKEAT 0214_16_220, the EAT overturned the Employment Tribunal's finding of unlawful race discrimination and remitted the case back to the Tribunal for reconsideration. This case confirms that a poorly handled grievance will not, in itself, indicate that an individual has been discriminated against.

Supreme Court rules in two indirect discrimination cases

In the combined cases of Essop and ors v. Home Office (UK Border Agency) and Naeem v. Secretary of State for Justice, the Supreme Court reaffirmed that claimants do not need to prove a causal link between a protected characteristic and the treatment suffered.

The sky does have a limit when it comes to the age of commercial pilots

In the case of Fries v. Lufthansa CityLine GmbH C-190/16 the EU Charter has force in employment law and shows how the notion of a genuine occupational requirement in the Directive can be used to assist in clarifying the EU Charter's principle of non-discrimination.

Insurer fails to ensure it can recover losses from an insured employee

This case reaffirms the long-standing position that there might be a right for employers and/or their insurers to pursue employees for damages arising from an employee's negligence. This is not, however, something that is regularly pursued.

A useful reminder: curing procedural defects on appeal

In other news

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