The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in … Continue reading JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015
The court considered an allegation of discrimination made as to the appointment of a wages clerk by a district council. Held: Lord Lowry said: ‘It must not be forgotten that when the Act uses the word ‘discrimination or ‘discriminate’ it is referring to an employer who makes a choice between one candidate and another on … Continue reading Armagh District Council v Fair Employment Agency: CANI 1983
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
The company decided to make redundancies. The applicants, all selected, had worked in more than one section of the plant. All employees worked under the same contract, but employees were chosen only from the one section. The complainants said that the entire workforce should have been considered. Held: Under the Order it was for the … Continue reading Murray and Another v Foyle Meats Ltd (Northern Ireland): HL 8 Jul 1999
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Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the person making the contract shall himself undertake to do, at any rate, some of … Continue reading Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998
The court set down tests for what was ‘less favourable treatment’ under the Act. The court had to regard as relevant those circumstances on which a reasonable person would place some weight in determining how to treat another. Judges: Carswell LCJ Citations: [2000] NI 261 Statutes: Fair Employment (Northern Ireland) Act 1976 Cited by: Cited … Continue reading Chief Constable of the RUC v A: CANI 2000
A barman in a public house with Protestant customers in a ‘loyalist’ area of Belfast was constructively dismissed because he was a Roman Catholic. Held: That was discrimination ‘on the ground of religious belief’ within the section. The employer’s conduct did not cease to be discrimination on that ground because the employer would have treated … Continue reading Smyth v Croft Inns Ltd: 1996
National Security Certificates issued in Northern Ireland which had the effect of preventing his making a claim of discrimination, was disproportionate. The Act guaranteed person’s a right not to be discriminated for religious belief or political opinion in the job market. That is a civil right. The government argued that since the post applied for … Continue reading Devlin v The United Kingdom: ECHR 30 Oct 2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Not necessary to examine Art. 14 or Art. 13; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention . .
A full-time a full-time chairman of industrial tribunals, a full time chairman of social security appeal tribunals, and a social security commissioner are workers within the meaning of the European legislation, even though, by domestic legislation they were statutory officers, and so excluded from protection. The word ‘worker’ has a special community meaning, and it … Continue reading Perceval-Price, and others v Department of Economic Development etc: CANI 12 Apr 2000
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination. Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It had asked first whether there had been less favourable treatment, and then asked why there had … Continue reading Shamoon v Chief Constable of the Royal Ulster Constabulary: HL 27 Feb 2003
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the circumstances: ‘This case raises two inter-linked questions of principle, one general and one particular. … Continue reading Braganza v BP Shipping Ltd: SC 18 Mar 2015
Bias may not be intentional The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim of victimisation contrary to section 2(1) of the 1976 Act, finding … Continue reading Swiggs and others v Nagarajan: HL 15 Jul 1999
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
Recent statutes had given redress to anyone suffering unlawful discrimination on account of race sex or trade union activities. An employee sought discovery of documents from his employer which might reveal such discrimination. Held: The court ought not to order breach of properly given confidences unless it is necessary in the interests of justice. Lord … Continue reading Science Research Council v Nasse; BL Cars Ltd (formerly Leyland Cars) v Voias: HL 1 Nov 1979
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s allowance payable to those under 25. Held: (Lord Carswell dissented in part.) The claims failed. The … Continue reading Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005
The claimant appealed dismissal of his claim for harrassment and sex discrimination. Though heterosexual, he had been subject to persistent jokes that he was homosexual. The court first asked whether the alleged conduct was ‘on the grounds of sexual . .
A company complained that it had been refused a tender for work because of discrimination on the ground of religious belief or political opinion since the unions on the site refused to work with the company’s employees, the unions believing the . .
The words ‘registration’ and ‘enrolment’ refer in our opinion to variants of conferment of qualifications upon persons who thereby achieve some status in relation to their work or the work which they propose to do.’ . .
