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Court: Employment Tribunal

Athlete employment claim fails – Jess Varnish not employed by British Cycling or UK Sport

Varnish v British Cycling Federation & Anor (Case No. 2404219/2017)

The claimant cyclist brought claims of unfair dismissal, direct sex discrimination, victimisation, and unlawful detriment for having made protected disclosures. Held: the claimant was not an employee or worker for either of the respondent organisations (or jointly under a tripartite agreement) within the meaning of the Employment Rights Act 1996 or the Equality Act 2010.

Employment tribunal denies direct age discrimination

Kelly v PGA (Case Number 3303967/2015)

An employment tribunal considered a complaint of direct age discrimination. The tribunal accepted however, that Mr Pelley’s reason for his decision was that he did not consider that Mr Kelly was capable of fulfilling the role he required.

Uber drivers given employment rights

Aslam & Ors v Uber 2202551/2015

The tribunal held that Uber drivers are workers, and not self-employed. They are therefore entitled to National Minimum Wage and holiday pay. Tom Linden QC was involved in this case.

Direct discrimination claim rejected on grounds of objective justification

Rush v Home Office (2201430/2014)

The claimant alleged direct discrimination, harassment and victimisation due to her partner’s disability, under the Equality Act 2010. She challenged the refusal of medical clearance to her partner, who had diabetes, and the subsequent treatment she was subjected to by her employers. Her employers had, in particular, focused on her partner’s weight and the difficulty associated with transporting him should medical emergencies arise.

sound reasons for forcing judges to retire on their 70th birthday

White v Ministry of Justice (2014) 2201298/2013

The claimant sought to challenge the fact he was forced to retire as a circuit judge on his 70th birthday. Held: dismissing the application, the Tribunal held there were sound reasons for forcing judges to retire on the 70th birthday. Claire Darwin was involved in this case.