Labour & European Law Review
21 April 2016
According to an analysis of official statistics, Black, Asian and minority ethnic (BAME) graduates are two and a half times more likely to be unemployed compared to white graduates.
In order to dismiss an employee fairly, employers must be able to point to one of five potentially fair reasons for dismissal such as conduct, as well as follow a fair procedure. In Metroline West Ltd v Ajaj, the Employment Appeal Tribunal (EAT) held that an employee who “pulls a sickie” is dishonest and guilty of a fundamental breach of trust and confidence which amounts to misconduct.
Employers can defend disability discrimination claims (at least in the context of direct discrimination) on the grounds that they did not know, nor could they reasonably have been expected to know, that the person had a disability. In Gallop v Newport City Council, the Employment Appeal Tribunal (EAT) has ruled that knowledge of disability in one part of an organisation cannot be imputed to the organisation as a whole.