Not exact matches
In papers submitted by the UK Government last year in the case and seen by the BHA, the Government attempted to argue that there is no breach of EU law
because «if a teacher brought a
claim against a school (on the basis that the school, as an
employer, had discriminated
against them in their remuneration, for example), then the court or tribunal would consider the legislation in this wider context.
As you may recall, in a 5 - 4 decision back in 2007, the Supreme Court ruled that Ledbetter's
claim against her
employer for paying her less than her male counterparts
because of her gender was time barred
because her present lower pay arose out of salary decisions made years earlier, well outside of the 180 - day statute of limitations for discriminatory employment practices under Title VII of the Civil Rights Act.
If an
employer suddenly terminates an employee
because he asserts his civil rights, the employee might have a
claim of retaliation
against his
employer, based on the timing of the
employer's actions.
Because employers are responsible for the wellbeing of their employees, they can have a personal injury
claim filed
against them in the event of a work - related accident.
The
employer is not able to take any actions
against an employee simply
because he or she filed a
claim.
Further, where an employee discusses pay
because she feels that she has been discriminated
against, any action taken by the
employer to stop such discussion will give rise to a victimisation
claim.
It is clear that the EAT did not regard its conclusion as representing a satisfactory state of affairs, particularly where the joint or concurrent tortfeasors are at arms» length, eg as in Bullimore v Porthecary Witham Weld [2011] IRLR 18 where an ex-
employer gave a damaging reference about the claimant to a prospective
employer because the ex-employee had presented a sex discrimination
claim against them and the prospective
employer withdrew the offer for the same reason, and in circumstances where CLIA 1978 applies to discrimination
claims brought in the ordinary courts.
The women were trapped
because their
employer was not prepared to enforce equal opportunities
against the wishes of the union, though it expressed sympathy to their
claims.
If it becomes clear that the employee has acted outside the scope of employment, the
employer is unlikely to continue to provide support unless it would be in its interests to do so
because, for example, there is a potential for related civil
claims to be made
against the
employer.
In Nelson v. Bodwell High School (No. 2), 2016 BCHRT 75 a single, male teacher with no children
claimed that he was discriminated
against on the basis of his family status
because he was not eligible for his
employer's Child Benefit Scheme («CBS»).
The Ontario Superior Court of Justice recently found an employee's defamation
claim against his previous
employer for an unfavourable reference could not succeed,
because the reference was justified and fell «within the range of qualified privilege».
Your
employer can't terminate your contract
because you've made a factory accident
claim against them.
Employers have to be especially careful when making adverse employment decisions, such as firing or demoting,
because such decisions could open the door for potential retaliation
claims against the
employer if the subject employee is a member of a «protected class.»
So, too, no fees or costs were covered by Labor Code section 2802,
because that provision only required the
employer to cover third - party
claims arising out of a lawsuit
against the employee arising out of the course and scope of her employment, again not encompassing expenses incurred in responding to law enforcement investigations.
Your
employer can't threaten to terminate your contract or dismiss you
because you're making a
claim against them.
If a member of the public sued an
employer for negligent hiring, the
employer theoretically could bring a third - party suit
against the screening company,
claiming that it hired the person
because of an allegedly faulty resume verification, according to Paler.