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The claimant was working in an environment which tested on animals. The respondent had been subject to attention from animal rights activists in the past and the claimant had been acting unusually, including disappearing for excessive periods of time and speaking on her mobile in Russian. The respondent began to suspect that she may be an animal rights activist. It also considered it was important for security reasons that conversations in the workplace could be understood by English-speaking managers. She was therefore instructed not to speak in Russian at work.
The EAT upheld the ET’s decision that this was not race discrimination on the basis that the same instruction had been given to her named comparators (who were Ukrainian and had also spoken Russian at work) and that there was an explanation for the instruction other than race.
However, it is important to consider each instruction carefully, as such an instruction in other circumstances may well amount to discrimination.
Following an MP debate on 5 November 2019, the government is due to release long-awaited guidance as to how it intends to protect workers in the retail industry against violence, harassment and abuse.
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In one of the first group equal pay claims in the private sector, the Employment Tribunal has determined that over 7,000 ASDA store workers (predominantly female) are able to compare themselves to distribution workers (predominantly male).
The long awaited judgment from the Court of Appeal (CA) in the case of British Gas Trading Limited v Lock & ors has now been published.
The EAT has given judgment in the case of Lock & ors v British Gas Trading Limited, which looked at whether an employee’s holiday pay should take into account commission
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