Weekly Issue 638

Tackling class discrimination

Following a report showing that people from working-class backgrounds are not treated the same as those from wealthier homes, the TUC has called for a new law to tackle class discrimination in the workplace (...).

Stereotyping assumptions

Although tribunals can draw on the experience of panel members when coming to a decision about a case, the Employment Appeal Tribunal held in Commerzbank AG v Rajput that they cannot independently decide that a claim has emanated from stereotypical assumptions without prior notice having been given to the parties and witnesses, as that is a type of specialist knowledge which has to be disclosed in advance (…).

Not in the course of employment

Although posting an offensive image on Facebook could constitute an act done “in the course of employment”, the Employment Appeal Tribunal held in Forbes v LHR Airport Ltd that when an image is posted on the employee’s own computer at home, did not refer to their employer or any employees, it could not be said to be done in the course of employment (...).