Senior Associates Colin Davidson and Sacha Sokhi contribute to Discrimination Law Association’s Briefing
In the March edition of the Discrimination Law Association (DLA) Briefing, our Senior Associates Colin Davidson and Sacha Sokhi have contributed two expert case reviews looking at recent employment discrimination judgments.
Colin’s case review looks at the Court of Session Inner House (CSIH) case of Charles Melvin Bathgate v Technip Singapore PTE Limited. This case dealt with post-employment age discrimination and whether a Settlement Agreement can include complaints unknown to the parties which could arise in the future. This judgement established that that claims under the Equality Act 2010, which do not exist, and which have not been contemplated at the time of entering into agreements, can be settled if they are sufficiently particularised in the Settlement Agreement. This overturned the prior Employment Appeal Tribunal (EAT) decision, which was first reported by Colin in an earlier issue of Briefings. Colin is a current Committee member of the DLA and previous Chair. Link to full Article here:
Sacha’s case review looks at the recent Employment Appeal Tribunal (EAT) decision in Topps Tiles Plc v Hardy, where the Claimant (a store manager) had been dismissed following an altercation with a customer involving a hot cup of tea. The Claimant brought claims for discrimination arising from disability and unfair dismissal. The EAT found that the Tribunal had failed to properly evaluate the Claimant’s behaviour, for the purposes of assessing any contributory fault and the impact on the Claimant’s subsequent dismissal. Link to full Article here:
Our solicitors are specialists in employment and discrimination law. Cole Khan are on hand to provide expert advice on potential claims or guidance in ensuring employees are treated with respect and dignity in the workplace. Please contact us for a no obligation call should you be concerned about discrimination in the workplace.