Court: Employment Tribunal

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.

John McCririck was dismissed because of his persona, not his age

McCririck v Channel 4 Television Corporation & Anor (2013)

The claimant was dismissed because of his persona, and not because of his age. The respondent demonstrated a proportionate means of achieving a legitimate aim and therefore the claim failed. As Channel 4 did not contravene the Equality Act 2010, the second respondent IMG could not have helped them to do so. However, even if Channel 4 had acted unlawfully, IMG’s actions did not amount to “helping” for the purposes of the Equality Act 2010, s 112.