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Sunderland City Council v Brennan and Others: EAT 2 May 2012

EAT PRACTICE AND PROCEDURE – Contribution PRACTICE AND PROCEDURE – Disclosure (1) An employment tribunal has no jurisdiction to determine claims for contribution under the Civil Liability (Contribution) Act 1978 between persons jointly or concurrently liable for damage caused by an act of unlawful discrimination. Nor in any event does the 1978 Act create such … Continue reading Sunderland City Council v Brennan and Others: EAT 2 May 2012

Equal Opportunities Commission v Secretary of State for Trade and Industry: Admn 12 Mar 2007

The EOC contended amongst other things that section 4A(1)(a) of the Sex Discrimination Act 1975 did not fulfil its intended purpose, which was to transpose into English law provisions contained in the Equal Treatment Directive 2002/73/EC. Held: The use in section 4A(1)(a) of the expression ‘on ground of her sex’ introduced a requirement of cause … Continue reading Equal Opportunities Commission v Secretary of State for Trade and Industry: Admn 12 Mar 2007

Orthet Ltd v Vince-Cain: EAT 12 Aug 2004

EAT Sex discrimination: compensation – An award of compensation for injury to feelings, pursuant to a finding of unlawful discrimination on the grounds of gender or victimisation is to be made without reference to taxation. The Tribunal correctly decided this matter. Where an employee had, in mitigation of her losses, undertaken an education course, it … Continue reading Orthet Ltd v Vince-Cain: EAT 12 Aug 2004

O’Neill v Governors of St Thomas More RC School: EAT 12 Oct 1995

The claimant had lodged an appeal against a rejection of her claim of sex discrimination, and against the amount of damages awarded on the success of her claim of unfair dismissal. After rejection of her request for a review, her counsel had lodged a letter withdrawing her appeal. She then received a reply from the … Continue reading O’Neill v Governors of St Thomas More RC School: EAT 12 Oct 1995

Simpson v Intralinks: EAT 15 Jun 2012

EAT The parties agreed that in the event of any employment dispute , the applicable law would be German, and the place of jurisdiction Frankfurt, which was where the claimant lived and from where she worked (though she came on occasion to the UK). She brought claims under the Sex Discrimination Act 1975 and Equal … Continue reading Simpson v Intralinks: EAT 15 Jun 2012

Bull and Bull v Hall and Preddy: CA 10 Feb 2012

The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they were practising Christians and viewed the guest house as their home, and that … Continue reading Bull and Bull v Hall and Preddy: CA 10 Feb 2012

Hewage v Grampian Health Board: SC 25 Jul 2012

The claimant had been employed as a consultant orthodontist. She resigned claiming constructive dismissal and sex and race discrimination. The EAT reversed the findings on discrimination saying that they had not been sufficiently pleaded. The Court of Session re-instated the discrimination findings and the Board now appealed. Held: The Board’s appeal failed. Although the positions … Continue reading Hewage v Grampian Health Board: SC 25 Jul 2012

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

National Federation of Self Employed and Small Businesses Ltd v Philpott: EAT 31 Jan 1997

The federation, an organisation supporting and promoting the interests of small firms, is ‘an employers organisation’ for sex discrimination purposes. Citations: Times 13-Feb-1997, [1997] UKEAT 787 – 96 – 3101 Links: Bailii Statutes: Sex Discrimination Act 1975 12 Jurisdiction: England and Wales Employment, Discrimination Updated: 11 September 2022; Ref: scu.207136

The Law Society v Kamlesh Bahl: EAT 7 Jul 2003

EAT Sex Discrimination – DirectThe complainant had been suspended from her position as Vice President of the Law Society. The Society and its officers appealed findings of sex and race discrimination against her. The complainant appealed findings that she had lied to the tribunal on oath, and that the discrimination had been only indirect. Held: … Continue reading The Law Society v Kamlesh Bahl: EAT 7 Jul 2003

Allen and others v GMB: CA 16 Jul 2008

The claimants were members of the defendant trades union which settled their claims for sex discrimination against local authorities. They said that the union had entered into a settlement which still discriminated against them, and that therefore the union was itself guilty of indirect sex discrimination. Held: The claimants’ appeal succeeded, and the matter was … Continue reading Allen and others v GMB: CA 16 Jul 2008

Smith v Gardner Merchant Ltd: CA 14 Jul 1998

A male homosexual barman complained of offensive remarks about his sexuality from a female colleague. Held: When considering whether a gay man has been discriminated against on the grounds of his sex, by means of abuse in work-place, the proper comparator to test for discrimination is how a gay woman would have been treated. The … Continue reading Smith v Gardner Merchant Ltd: CA 14 Jul 1998

MacDonald v Ministry of Defence: EAT 19 Sep 2000

The appellant, a homosexual, appealed against rejection of his claims for sex discrimination and sexual harassment. Judges: Lotd Johnston Citations: [2000] UKEAT 0121 – 00 – 1909, [2001] ICR 1, [2001] Emp LR 105, [2001] HRLR 5, [2000] IRLR 748, [2001] 1 All ER 620 Links: Bailii Statutes: Equal Treatment Directive 76/207/EEC, Sex Discrimination Act … Continue reading MacDonald v Ministry of Defence: EAT 19 Sep 2000

O’Neill v Governors of St Thomas More RC School and Another: EAT 24 May 1996

The claimant had been dismissed as a teacher by the respondent Roman Catholic school after she became pregnant by a priest. She had been found to have been unfairly dismissed, but the tribunal had rejected her claim of discrimination for pregnancy. Judges: Mummery J P Citations: [1996] IRLR 372, [1997] ICR 33, [1996] UKEAT 1180 … Continue reading O’Neill v Governors of St Thomas More RC School and Another: EAT 24 May 1996

Hewage v Grampian Health Board: SCS 14 Jan 2011

The claimant had succeeded in her claim for constructive unfair dismissal, and of sex and race discrimation at the tribunal. The EAT reversed the discrimination findings saying that the claimant had not set them out in her ET1, and the Tribunal had wrongly extended them, giving the respondents no fair notice. She now appealed against … Continue reading Hewage v Grampian Health Board: SCS 14 Jan 2011

Nazir and Another v Asim and Another: EAT 29 Jun 2010

EAT SEX DISCRIMINATION – DirectRACE DISCRIMINATION – Direct1. Unincorporated association – practice and procedure. The Claimant was employed by the management committee of an unincorporated association. By the time of the hearing the only Respondents were (1) the unincorporated association in its own name and (2) two individual members of the management committee alleged to … Continue reading Nazir and Another v Asim and Another: EAT 29 Jun 2010

Nelson v Carillion Services Ltd: CA 15 Apr 2003

The appellant challenged dismissal of her claim for equal pay. It had been rejected on the ground that the employer had shown a material factor justifying the difference in pay. Held: Enderby establishes that the burden of proving sex discrimination lies initially on the employee. The burden of proof in indirect discrimination cases should be … Continue reading Nelson v Carillion Services Ltd: CA 15 Apr 2003

Coll, Regina (on The Application of) v Secretary of State for Justice: SC 24 May 2017

The appellant female prisoner asserted that the much smaller number of probation and bail hostels provided for women prisoners when released on licence was discriminatory in leaving greater numbers of women far removed from their families. Held: A declaration was granted: ‘The provision of Approved Premises in England and Wales by the Secretary of State … Continue reading Coll, Regina (on The Application of) v Secretary of State for Justice: SC 24 May 2017

Essop and Others v Home Office (UK Border Agency): SC 5 Apr 2017

The appellants alleged indirect race and belief discrimination in the conditions of their employment by the respondent. Essop came as lead claimant challenging the tests used for promotion. Statistics showed lower pass rates for BME candidates, but with no explanation of the connection. Naaem was an imam. He began as a part time prison chaplain, … Continue reading Essop and Others v Home Office (UK Border Agency): SC 5 Apr 2017

Lister and Others v Hesley Hall Ltd: HL 3 May 2001

A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001

McFarlane v Relate Avon Ltd: EAT 30 Nov 2009

EAT RELIGION OR BELIEF DISCRIMINATIONUNFAIR DISMISSAL – Reason for dismissalChristian counsellor dismissed by Relate for failing to give an unequivocal commitment to counsel same-sex couples.Held: Tribunal right to dismiss claims of discrimination (direct and indirect) contrary to the Employment Equality (Religion or Belief) Regulations 2003 and of unfair dismissal – London Borough of Islington v … Continue reading McFarlane v Relate Avon Ltd: EAT 30 Nov 2009

Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018

The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary. Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which … Continue reading Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018

Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014

Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014

Regina v Birmingham City Council ex parte Equal Opportunities Commission: HL 1989

At the council’s independent, single-sex grammar schools there were more places available for boys than girls. Consequently the council were obliged to set a higher pass mark for girls than boys in the grammar school entrance examination. Held: The council, as local education authority, had discriminated against girls. Discrimination can take place when a woman … Continue reading Regina v Birmingham City Council ex parte Equal Opportunities Commission: HL 1989

Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003

EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult about ways of avoiding redundancies because the decision to close had been determined prior to any meeting with the union. Held: … Continue reading Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003

Grampian Health Board v Hewage: EAT 4 Feb 2009

EAT SEX DISCRIMINATION: Burden of proofRACE DISCRIMINATION: Inferring discrimination Tribunal found Claimant to have suffered both sex and race discrimination in course of her employment as a consultant orthodontist. On appeal, Tribunal found to have failed to carry out a like for like comparison with chosen comparators and to have, wrongly, only considered Appellants’ submissions … Continue reading Grampian Health Board v Hewage: EAT 4 Feb 2009

Duke v GEC Reliance Systems Limited: HL 2 Jan 1988

The court was asked about the differential in retirement ages between men and women in private sector employment, and whether it constituted sex discrimination. Held: Section 2(4) of the 1972 Act did not allow a British Court to distort the meaning of a British Statute in order to enforce a Community Directive which does not … Continue reading Duke v GEC Reliance Systems Limited: HL 2 Jan 1988

Barton v Investec Henderson Crosthwaite Securities Ltd: EAT 6 Mar 2003

EAT Sex Discrimination – Inferring DiscriminationThe claimant sought compenstion for sex discrimination. She appealed a finding of a material factor justifying the difference in pay. Held: The new provisions included reference to the Code of Practice issued by the Equal Opportunities Commission, which provided that the employer should provide a transparent system for setting pay … Continue reading Barton v Investec Henderson Crosthwaite Securities Ltd: EAT 6 Mar 2003

Madarassy v Nomura International Plc: CA 26 Jan 2007

The claimant appealed against adverse findings on her claims of sex discrimination. The court considered questions arising from the provisions relating to the transfer of the burden of proof in a discrimination case. Held: Questions of the burden of proof are very common in discrimination cases: ‘The factual content of the cases does not simply … Continue reading Madarassy v Nomura International Plc: CA 26 Jan 2007

Baldwin v Brighton and Hove City Council: EAT 14 Dec 2006

EAT Sex Discrimination – Transsexualism Unfair Dismissal – Constructive dismissal Gender reassignment. Employer’s lack of knowledge. Meaning of ‘treats’ (SDA s2A(1)(a). Constructive dismissal – proper formulation of implied term of mutual trust and confidence; see Woods (EAT); cf. BCCI (per Lord Steyn). Judges: Peter Clarke J Citations: [2006] UKEAT 0240 – 06 – 1412, UKEAT/0240/06, … Continue reading Baldwin v Brighton and Hove City Council: EAT 14 Dec 2006

Bachnak v Emerging Markets Partnership (Europe) Ltd: EAT 27 Jan 2006

EAT The claimant had worked as an adviser for the respondent identifying investment opportunities. He said he had been unfairly dismissed after disclosing that the company had overpaid for an investment. He now appealed against a finding that any disclosures were not made in good faith and were not qualifying disclosures. Though his dismissal had … Continue reading Bachnak v Emerging Markets Partnership (Europe) Ltd: EAT 27 Jan 2006

Brocklebank v Silveira: EAT 11 Jan 2006

EAT Sex Discrimination: Pregnancy and DiscriminationSex Discrimination by employment agency contrary to s15(1)(b) of the Sex Discrimination Act 1975 in not making initial risk assessment in relation to a pregnant prospective employee.Good decision by Employment Tribunal, on liability and quantum. No error of law disclosed in Notice of Appeal or Skeleton by manager of employment … Continue reading Brocklebank v Silveira: EAT 11 Jan 2006

J Shepherd and others v North Yorkshire County Council: EAT 7 Dec 2005

EAT Sex Discrimination – Victimisation – The Claimants’ claim that the Respondent aided, abetted, counselled and procured trade unions to commit breaches of section 12 of the Sex Discrimination Act 1975 is unsustainable, both in the form originally pleaded and in the proposed re-formulation put before the Appeal Tribunal. Accordingly, albeit for reasons different to … Continue reading J Shepherd and others v North Yorkshire County Council: EAT 7 Dec 2005

A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005

The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005

Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005

Unwin v Sackville School and Another: EAT 15 Dec 1999

EAT Procedural Issues – Employment Tribunal Judges: His Honour Judge Peter Clark Citations: [1999] UKEAT 1068 – 98 – 1512, EAT/1068/98, EAT/1314/98 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Unwin v Sackville School and Another EAT 30-Jul-1997 . . See Also – Unwin v Sackville School and Another EAT 1-Mar-1998 . … Continue reading Unwin v Sackville School and Another: EAT 15 Dec 1999

Medley v Working Men’s Club and Institute Union Ltd: EAT 10 Mar 2004

EAT Sex Discrimination – Lady members of local club not allowed to be associates of CIU (umbrella organisation). S. 12 of Sex Discrimination Act 1975 not applicable as CIU not relevant organisation and ‘associates’ are not members. Judges: he Honourable Mr Justice Burton Citations: [2004] UKEAT 0782 – 03 – 1003, UKEAT/782/03/ILB Links: Bailii Employment, … Continue reading Medley v Working Men’s Club and Institute Union Ltd: EAT 10 Mar 2004

Vince-Cain v Orthet Ltd: EAT 5 Mar 2004

Unfair Dismissal – Reason for dismissal – Refusal of an application by an employer to argue that it is wrong in law under SDA 1975 section 65 to gross up an award for compensation when its own submission to the opposite effect had been accepted by the Employment Tribunal. Judges: McMullen QC HHJ Citations: [2004] … Continue reading Vince-Cain v Orthet Ltd: EAT 5 Mar 2004

Mid-Staffordshire General Hospitals NHS Trust v Cambridge: EAT 4 Mar 2003

EAT The claimant had presented claims of sex and disability discrimination and victimisation. She suffered injury to her throat when builders demolished a wall near her workstation. Held: The employer’s appeal was dismissed. ‘There must be many cases in which the disabled person has been placed at a substantial disadvantage in the workplace, but in … Continue reading Mid-Staffordshire General Hospitals NHS Trust v Cambridge: EAT 4 Mar 2003

Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

P v S and Cornwall County Council: ECJ 30 Apr 1996

An employee at an educational establishment told management that he intended to undergo gender reassignment. He was given notice of dismissal. Held: The scope of the Directive was not confined to discrimination based on the fact that a person was of one or other sex but also extended to discrimination arising from the gender reassignment … Continue reading P v S and Cornwall County Council: ECJ 30 Apr 1996

Regina v Secretary of State For Employment Ex Parte Seymour-Smith and Another (No 2): HL 17 Feb 2000

Although fewer men were affected by the two year qualifying period before becoming entitled not to be dismissed unfairly, the difference was objectively justified by the need to encourage employers to take staff on, and was not directly derived from any discriminatory reason. It was not a breach of the Directive. Lord Nicholls said: ‘The … Continue reading Regina v Secretary of State For Employment Ex Parte Seymour-Smith and Another (No 2): HL 17 Feb 2000

Strathclyde Regional Council and others v Wallace and others (Scotland): HL 22 Jan 1998

80% of the men who had been employed since 1 April 1997 had got protection under TUPE whereas only 66.66% of the women had. It was argued that this difference in percentages was sufficient to justify a claim of indirect discrimination. Held: There was no sex discrimination where there were genuine reasons for a pay … Continue reading Strathclyde Regional Council and others v Wallace and others (Scotland): HL 22 Jan 1998

Whiffen v Milham Ford Girls’ School and Oxfordshire County Council: CA 21 Mar 2001

The local authority’s redundancy policy required the school first to choose for redundancy those on fixed term temporary contracts. The applicant’s contract had not been renewed, and she had been replaced by a teacher with lesser qualifications. The policy adversely affect more women than men and was indirect discrimination, and it was for the school … Continue reading Whiffen v Milham Ford Girls’ School and Oxfordshire County Council: CA 21 Mar 2001

London Underground Limited v Edwards: CA 21 May 1998

A new driver roster imposing shift working timetables discriminated against women since significantly less in proportion of women could meet the new arrangements – indirect discrimination Citations: Times 01-Jun-1998, Gazette 24-Jun-1998, [1998] EWCA Civ 876, (1998) IRLR 364 Links: Bailii Statutes: Sex Discrimination Act 1975 Jurisdiction: England and Wales Citing: See Also – London Underground … Continue reading London Underground Limited v Edwards: CA 21 May 1998

Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005

Rovenska v General Medical Council: CA 4 Dec 1996

A Czechoslovakian doctor complained against the General Medical Council under Section 12(1)(a) of the 1976 Act 1976 in respect of the most recent of a series of refusals, under its rules for the grant of limited registration as a medical practitioner in this country for doctors with overseas qualifications, to exempt her from its requirement … Continue reading Rovenska v General Medical Council: CA 4 Dec 1996

Smith v Safeway Plc: EAT 9 Dec 1994

A male employee had been unlawfully discriminated against when he had been dismissed for having long hair, where the same requirements would not have been made of female employees. Citations: Ind Summary 16-Jan-1995, Times 16-Dec-1994, [1994] UKEAT 185 – 93 – 0912 Links: Bailii Statutes: Sex Discrimination Act 1975 Jurisdiction: England and Wales Discrimination, Employment … Continue reading Smith v Safeway Plc: EAT 9 Dec 1994

Marshall v Southampton and South West Hampshire Area Health Authority (No 2): ECJ 2 Aug 1993

The UK law limiting awards of damages in sex discrimination cases is unlawful, and fails to implement European directive fully. Financial compensation must be at a level adequate to achieve equality between the workers identified. Citations: Independent 04-Aug-1993, Times 04-Aug-1993, C-271/91, [1993] ECR 1-4367, [1993] EUECJ C-271/91, [1994] QB 126 Links: Bailii Statutes: Sex Discrimination … Continue reading Marshall v Southampton and South West Hampshire Area Health Authority (No 2): ECJ 2 Aug 1993

Rhys-Harper v Relaxion Group plc: CA 3 May 2001

A sex discrimination claim involving a claim by an employee for damages for sexual harassment, had to be made during the period of employment. An employer’s failure to deal properly with an allegation of sexual harassment could itself be a detriment under the Act and Directive. The fact that the statutes against sex discrimination and … Continue reading Rhys-Harper v Relaxion Group plc: CA 3 May 2001

O’Neill v Governors of St Thomas More Roman Catholic Voluntary Aided Upper School: EAT 7 Jun 1996

The dismissal by a Roman Catholic school of a teacher who was pregnant by a priest, was on the grounds of pregnancy, and for an inadmissible reason. The pregnancy was an effective cause of the adverse treatment of the Appellant by her employer. Judges: Mummery P Citations: Gazette 12-Sep-1996, Times 07-Jun-1996, [1996] IRLR 372, [1996] … Continue reading O’Neill v Governors of St Thomas More Roman Catholic Voluntary Aided Upper School: EAT 7 Jun 1996

Halfpenny v IGE Medical Systems Ltd: HL 19 Dec 2000

A woman who had taken maternity leave was deemed to have returned to work following the completion of that leave when, on the appropriate date she provided medical certificates in accordance with the contract of employment. The applicant had given notice of her intention to return after maternity leave, but obtained an extension of four … Continue reading Halfpenny v IGE Medical Systems Ltd: HL 19 Dec 2000

Department of the Environment v Fox: 1980

A rent officer, although holding a statutory office and not in employment, came within section 85(2)(b) because she performed services on behalf of the Crown for the purposes of a statutory body, namely a rent assessment committee. Judges: Slynn J Citations: [1980] 1 All ER 58 Statutes: Sex Discrimination Act 1975 85(2)(b) Cited by: Cited … Continue reading Department of the Environment v Fox: 1980

Ministry of Defence v Jeremiah: CA 1980

The court considered the meaning of ‘detriment’ in discrimination law. Brightman LJ said: ‘I think a detriment exists if a reasonable worker would or might take the view that the duty was in all the circumstances to his detriment.’Lord Justice Brandon said: ‘I do not regard the expression ‘subjecting . . to any other detriment’ … Continue reading Ministry of Defence v Jeremiah: CA 1980

Strathclyde Regional Council v Wallace: HL 1988

Female teachers carried out the work of principal teachers but had not been appointed to the promoted post and were paid less than they would have received had they been so appointed. They claimed equal pay with male comparators who were appointed principal teachers. Like work was established and it was agreed that disparity in … Continue reading Strathclyde Regional Council v Wallace: HL 1988

Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

The Department for Communities v Cox: CANI 3 Aug 2021

PIP Arrangements not Discriminatory The claimant suffered a life limiting condition, but not so that her death could be reasonably expected within six months. She complained that the resulting unavailability of PIP and UC without assessment was discriminatory as opposed to those who were predicted not so to survive, but did in fact do so. … Continue reading The Department for Communities v Cox: CANI 3 Aug 2021

SPV v AM and Another: CA 27 Aug 1999

The respondent sought leave to appeal against a decision of the Employment Appeal Tribunal that he was an appropriate respondent to the claimant’s claim for sex discrimination. The claimant had been a police officer, and claimed she had been the subject of repeated and unwanted sexual advances from the respondent. He argued that only the … Continue reading SPV v AM and Another: CA 27 Aug 1999

Secretary of State for Work and Pensions v M: HL 8 Mar 2006

The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than someone in a heterosexual relationship. Held: The claim failed. The regulations had now … Continue reading Secretary of State for Work and Pensions v M: HL 8 Mar 2006

Pearce v Mayfield School: CA 31 Jul 2001

The claimant teacher was a lesbian. She complained that her school in failed to protect her against abuse from pupils for her lesbianism. She appealed against a decision that the acts of the pupils did not amount to discrimination, and that the school were no responsible for it. The 1998 Act had come into effect. … Continue reading Pearce v Mayfield School: CA 31 Jul 2001

XC Trains Ltd v CD and Others: EAT 28 Jul 2016

EAT Sex Discrimination : Comparison – Justification The Employment Tribunal did not err in deciding that a provision criterion or practice (‘PCP’) which required train drivers employed by the First Respondent to work at least 50% of their roster and on a number of Saturdays put women at a particular disadvantage. They correctly based their … Continue reading XC Trains Ltd v CD and Others: EAT 28 Jul 2016

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

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

Cutts v Head and Another: CA 7 Dec 1983

There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983

The Solicitors Regulation Authority v Mitchell: EAT 17 Feb 2014

EAT Sex Discrimination : Direct – The Claimant and a male comparator were permitted to work from home on certain days each week to facilitate child care arrangements. The Claimant’s right to do so was revoked, although she was offered the facility of more flexible working hours. The explanation for the Claimant’s apparently less favourable … Continue reading The Solicitors Regulation Authority v Mitchell: EAT 17 Feb 2014

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Amnesty International v Ahmed: EAT 13 Aug 2009

amnesty_ahmedEAT2009 EAT RACE DISCRIMINATION – Direct discriminationRACE DISCRIMINATION – Indirect discriminationRACE DISCRIMINATION – Protected by s. 41UNFAIR DISMISSAL – Constructive dismissalClaimant, of (northern) Sudanese ethnic origin, applied for promotion to role of ‘Sudan researcher’ for Amnesty International – Not appointed because Amnesty believed that the appointment of a person of her ethnic origin would compromise … Continue reading Amnesty International v Ahmed: EAT 13 Aug 2009

Fecitt and Others v NHS Manchester: EAT 23 Nov 2010

EAT VICTIMISATION DISCRIMINATION – Protected disclosureS.47B of the Employment Rights Act 1996 provides that ‘A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.’In cases where a Claimant has … Continue reading Fecitt and Others v NHS Manchester: EAT 23 Nov 2010

London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007

The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007

Igen Ltd v Wong: CA 18 Feb 2005

Proving Discrimination – Two Stage Process Each appeal raised procedural issues in discrimination cases, asking where, under the new regulations, the burden of proof had shifted. Held: The new situation required a two stage process before a complaint could be upheld. First the claimant had to establish facts allowing the tribunal to conclude, in the … Continue reading Igen Ltd v Wong: CA 18 Feb 2005

Jivraj v Hashwani: SC 27 Jul 2011

The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011

Chief Constable of West Yorkshire Police v Khan: HL 11 Oct 2001

The claimant was a police sergeant. After many years he had not been promoted. He began proceedings for race discrimination. Whilst those were in course, he applied for a post elsewhere. That force wrote to his own requesting a reference. In the light of the discrimination claim, they were advised not to reply for fear … Continue reading Chief Constable of West Yorkshire Police v Khan: HL 11 Oct 2001

E, Regina (on The Application of) v Governing Body of JFS and Another: SC 16 Dec 2009

E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history. Held: The school’s appeal failed. English law may be at fault because it made no allowance for any justification of direct … Continue reading E, Regina (on The Application of) v Governing Body of JFS and Another: SC 16 Dec 2009

F and C Asset Management Plc and others v Switalski: EAT 9 Dec 2008

EAT PRACTICE AND PROCEDURE: Review UNFAIR DISMISSAL: Constructive dismissal SEX DISCRIMINATION: Direct Two appeals in respect of two matters heard together by the Employment Tribunal:(i) Review Appeal: the Tribunal applied the wrong legal tests and/or erred in law and/or was perverse in dismissing the Appellant’s application for Review by reference to fresh evidence and/or the … Continue reading F and C Asset Management Plc and others v Switalski: EAT 9 Dec 2008

Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

Goodwin v The United Kingdom: ECHR 11 Jul 2002

The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at which a woman would have ceased payments thus causing harassment. A second claimant again … Continue reading Goodwin v The United Kingdom: ECHR 11 Jul 2002

O’Brien v Department for Constitutional Affairs: CA 19 Dec 2008

The claimant was a part time recorder. He claimed to be entitled to a judicial pension. Held: The Employment Appeal Tribunal was wrong to find an error of law in the decision of the Employment Tribunal to extend time; but the court declined to remit the case to the Employment Tribunal for a substantive hearing … Continue reading O’Brien v Department for Constitutional Affairs: CA 19 Dec 2008

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Nambalat v Taher and Another: EAT 8 Dec 2011

nambalatEAT2011 EAT National Minimum Wage Act 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage … Continue reading Nambalat v Taher and Another: EAT 8 Dec 2011

James v Eastleigh Borough Council: HL 14 Jun 1990

Result Decides Dscrimination not Motive The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination. Held: The 1975 Act directly discriminated between men and women by treating women more favourably on the … Continue reading James v Eastleigh Borough Council: HL 14 Jun 1990

Conteh v Parking Partners Ltd: EAT 17 Dec 2010

EAT HARASSMENT – Conduct Where an employee worked in an environment in which her dignity was violated, or which became intimidatory, hostile, degrading, humiliating or offensive as a result of actions of others whom her employer did not control, in what circumstances is that employer liable to her for damages for discrimination or harassment on … Continue reading Conteh v Parking Partners Ltd: EAT 17 Dec 2010

Webb v EMO Air Cargo: ECJ 14 Jul 1994

Community Law protects women from dismissal during pregnancy save in exceptional circumstances. It was discriminatory to dismiss a female not on a fixed term contract for pregnancy. The Court rejected an interpretation of the Directive that would have rendered its provisions ineffective. The dismissal of a pregnant woman recruited for an indefinite period cannot be … Continue reading Webb v EMO Air Cargo: ECJ 14 Jul 1994

Regina v Secretary of State Employment, ex parte Equal Opportunities Commission and Another: HL 4 Mar 1994

The Equal Opportunities Commission sought judicial review to test whether English employment law was in breach of EC law where threshold conditionsions for part time workers to make unfair dismissal and redundancy law claims were discriminatory. Held: The different employment rights for part timers were a form of indirect discrimination because they affected women more … Continue reading Regina v Secretary of State Employment, ex parte Equal Opportunities Commission and Another: HL 4 Mar 1994

Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990

Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990

AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010

The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not routinely funded.’ Held: The claim for judicial review failed. There was no general medical concensus … Continue reading AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening: Admn 25 May 2010

Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same: HL 26 May 2005

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