Case round-up

first_img Comments are closed. Previous Article Next Article This week’s case roundupCan the same facts give rise to claims for both direct and indirectdiscrimination? Jaffrey v Department of Environment, Transport and Regions, EAT [2002]IRLR 688 Jaffrey was employed by the department as an administrative officer subjectto an annual appraisal which dictated his rate of pay. Following one such appraisal, he commenced a claim of direct discriminationagainst his line manager (who was white) in respect of how the appraisal wasconducted. He also sought, to challenge the department’s appraisal schemeitself as indirectly discriminatory against ethnic minority employees. Thetribunal agreed Jaffrey’s annual appraisal had been conducted in adiscriminatory fashion and had resulted in a loss of performance-related pay.He was accordingly made an award for that loss of pay, for loss of promotionand £7,500 for injury to feelings. His claim that the appraisal process wasindirectly discriminatory failed, as the court held that the poor performancearose from the direct discrimination of the line manager who operated thesystem unfairly, not from the system itself. Jaffrey’s appeal was alsounsuccessful. Determining jurisdiction is not easy Rogers v Markel Corporation, High Court, [2002] EWHC 1138 This month, the High Court was called upon to clarify the UK’s legaljurisdiction in respect of a tricky, but by no means unusual arrangement. Rogers was employed on an American contract by a subsidiary of a US companybased in the UK. He was British and had always worked here. When his employmentcame to an end however, he wanted to claim additional payments he believed weredue to him. Since his contract arose in the US, did he have to get leave of theUS court to issue proceedings in the UK? The Court concluded that any claim could be heard in the UK. Relevantfactors included that UK lawyers had been involved over many months, interimpayments were not available to Rogers in the US and his costs in bringing aclaim in Virginia, US, even were he to win, would be prohibitive. Related posts:No related photos. Case round-upOn 12 Nov 2002 in Personnel Todaylast_img

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