Are British civilians employed by the MoD in Cyprus protected by the Equality Act? (Holloway & Ors v Ministry of Defence)
A group of British civilians working on a military base in Cyprus brought claims of discrimination against the Ministry of Defence (MoD). Before considering their claim, the Employment Tribunal had to decide whether GB equality laws applied to this group of workers. The first Employment Tribunal found that the Equality Act did apply to them. However, the MoD successfully challenged this in the Employment Appeal Tribunal. This meant that the case was remitted to the ET to be reconsidered.
A woman believed the company she worked for had unlawfully discriminated against her when she was pregnant. However, she did not find out that she could make a legal claim until after the three-month time limit. The Employment Tribunal did not agree to hear her case as she had not made a claim within three months, but the Employment Appeal Tribunal later ruled that the original decision should be retaken by a different Employment Tribunal.
We funded a case challenging the Secretary of State for Justice’s decision to make PAVA spray available in prisons during the coronavirus pandemic, before agreed safeguards were in place. As a result of the action, the use of PAVA will be more tightly controlled and monitored. This should help prevent disproportionate use against prisoners sharing particular protected characteristics and improve scrutiny and accountability.
Can an employer lawfully treat an employee less favourably, including dismissing them, because of behaviour in their private life which runs contrary to the employer’s religion or belief?