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
EAT PRACTICE AND PROCEDURE – Parties The Claimant brought proceedings against the First Respondents under the Sex Discrimination Act 1975, partly arising out of alleged harassment by the Appellant, a former colleague. She advanced no claim against the Appellant and made it clear that she had no wish to do so; but the First Respondents … Continue reading Beresford v Sovereign House Estates and Another: EAT 29 Nov 2011
EAT Sex Discrimination – Indirect – European Material – Article 19. EAT European Material – Article 19 EAT Equal Pay Act – (no sub-topic). Judges: The Honourable Mr Justice Lindsay (President) Citations: EAT/1080/98, EAT/1300/97, [2000] UKEAT 1300 – 97 – 2903 Links: EAT, EAT, Bailii Statutes: Equal Treatment Directive (Council Directive 76/207/EEC Jurisdiction: England and … Continue reading Allonby v Accrington and Rossendale College: EAT 29 Mar 2000
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
EAT VICTIMISATION DISCRIMINATION SEX DISCRIMINATION – Burden of Proof Ex-employee given unfavourable reference – Claim that terms of reference were partly on account of her having previously brought sex discrimination proceedings against employers – Claim decided by the Tribunal on basis of the ‘reverse burden of proof’ provisions of s. 63A of Sex Discrimination Act … Continue reading Pothecary Witham Weld (A Firm) and Another v Bullimore and Another: EAT 29 Mar 2010
The employees commenced a series of sex discrimination claims against the appellant. Many had settled, and the council wrote directly to the remaining claimants. The claimants said this amounted to intimidation because the council had not gone through their legal representatives, and as such was victimisation. Held: The council’s appeal succeeded. The tribunal had not … Continue reading St Helens Metroploitan Borough Council v Derbyshire and others: CA 29 Jul 2005
The employee had failed to mention at the hearing of his claim for a redundancy payment a fact which was arguably highly material to the issue of whether his refusal of alternative employment was reasonable; and his claim had been dismissed. He applied for a review. Held: The court was asked whether, and in what … Continue reading Flint v Eastern Electricity Board: EAT 1975
The court considered the arrangements for providing public support for the costs of funerals. The claimant’s son had died whilst she was in prison. Assistance had been refused because, as a prisoner, she was not receiving benefits. She complained that the refusal violated her right not to be discriminated against. Held: The prisoner’s appeal failed. … Continue reading Stewart v Secretary of State for Work and Pensions: CA 29 Jul 2011
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The plaintiff was used to going swimming. He was 60. He complained that whereas his wife, of the same age was admitted free, he had had to pay .75p. He claimed sex discrimination. Held: Though his claim failed, Sir Nicolas Browne-Wilkinson V-C said: ‘it is not permissible for a defendant in such a case to … Continue reading James v Eastleigh Borough Council: CA 1985
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
Complaint was made within time limit when the decision complained of was a reconsideration of an earlier decision, not just a reference back to it. Held: In a sex discrimination case, where there has been a constructive dismissal, time runs from the date of the employer’s breach and not from the date of the employee’s … Continue reading Cast v Croydon College: CA 19 Mar 1998
EAT Alleged failure by the ET to make appropriate findings of fact, to deal properly with issue of comparators, and to follow the process indicated in the Barton case in respect of the transfer of the burden of proof (section 63A Sex Discrimination Act 1975) – all dismissed – no order for costs.- leave to … Continue reading Hillman v BBC Resources Ltd: EAT 30 Mar 2004
The appellant had undergone a male to female sex change, but was refused employment by the respondent before the Human Rights Act came into effect. Held: Although the Human Rights Act could not apply, the act was in breach of the Equal Treatment Directive and discrimination. The 1999 regulations were incompatible with the provisions of … Continue reading A v Chief Constable of the West Yorkshire Police and Another: CA 5 Nov 2002
Judges: Mr Justice Mummery (President) Citations: [1995] UKEAT 107 – 93 – 2702 Links: Bailii Statutes: Sex Discrimination Act 1975 1(1)(a) Jurisdiction: England and Wales Employment Updated: 10 November 2022; Ref: scu.208917
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
An employee mobility clause in a contract must be justified, or it may be discriminatory against women.The potentially discriminatory effect on the complainant of the introduction of a ‘mobility clause’ to her contract of employment was a requirement capable of amounting to an act of discrimination under Sections 1(1)(b) and 6 and of rendering the … Continue reading Meade-Hill and Another v The British Council: CA 7 Apr 1995
A claim for sex discrimination based on an age requirement was wrongly based. The proportion of mature graduates was irrelevant in the appropriate pool. The Court cautioned tribunals to avoid placing artificial limitations on the scope of the pool and indicated that it should comprise all those persons, male and female, who satisfied, or would … Continue reading Jones v University of Manchester: CA 10 Mar 1993
The claimant asserted constructive dismissal. Held: The trbunal rejected a submission that the absence of any provision for vicarious liability in the 1978 Act indicated that the general rule that an employer is vicariously liable for his employee’s acts done in the course of his employment did not apply. Knox J: ‘We do not regard … Continue reading Hilton International Hotels v Protopapa: EAT 1990
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. Judges: His Honour Peter Clark Citations: [2005] UKEAT 0318 – 05 – 2907, UKEAT/0319/05/TM, UKEAT/0318/05/TM, [2005] ICR 1647, UKEAT/0320/05/TM, [2005] IRLR 836 Links: Bailii, EATn Statutes: Employment Tribunal Rules 2004 20(1) … Continue reading Sodexho Ltd v Gibbons: EAT 14 Jul 2005
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
ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority’s provision of an earlier compulsory retirement age for women compared with that for men in the same employment. The health authority paid her the maximum sum of pounds 6,250 which was then permitted as compensation … Continue reading M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986
The female civilian officer alleged sex discrimination against her by a police officer. Her complaint was heard at an internal disciplinary. She alleged sexual harrassment, and was further humiliated by the all male board’s treatment of her complaint. The complaint now was solely as to her treatment by the Board. Held: The body was a … Continue reading Heath v Commissioner of Police for the Metropolis: CA 20 Jul 2004
EAT EQUAL PAY ACT SEX DISCRIMINATION – JurisdictionWhether allocation of share options, which differed between Claimant and her male comparator, gave rise to a claim under the Equal Pay Act 1970 or Sex Discrimination Act 1975 (see SDA s6(6)). On the facts found, the scheme being truly discretionary, the claim fell under the SDA. Since … Continue reading Hosso v European Credit Management Ltd: EAT 7 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
EAT JURISDICTIONAL POINTS – Working outside the jurisdiction The Claimants were wives of service personnel working at NATO headquarters in Belgium and in the Netherlands – Because of that status they were eligible for, and they obtained, employment in schools attached to those headquarters – They were dismissed when their husbands’ service came to an … Continue reading Ministry of Defence v Wallis and Another: EAT 30 Jul 2010
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
NIIT The tribunal finds that the claimant did not suffer discrimination on the grounds of sex or her part-time working status and accordingly her claims are dismissed. Judges: Mr B Greene Citations: [2009] NIIT 7 – 08IT Links: Bailii Statutes: Sex Discrimination (Northern Ireland) Order 1976, Part-time Workers (Provision of Less Favourable Treatment) Regulations 2000 … Continue reading Cass v Amt-Sybex (NI) Ltd: NIIT 30 Sep 2009
The claimant taxi driver sought to assert race discrimination. The respondent argued that he had not been an employee, but an independent contractor. The Claimant owned his own vehicle and paid the respondents minicab operators pounds 75 per week for a radio and access to their company system, which allocated calls from customers to a … Continue reading Mingeley v Pennock and Another (T/A Amber Cars): CA 9 Feb 2004
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
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
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
Mrs Brown was employed by Rentokil as a driver, transporting and changing ‘Sanitact’ units in shops. In her view, it was heavy work. She told Rentokil that she was pregnant. She had difficulties associated with the pregnancy. From 16 August 1990 onwards, she submitted a succession of four-week certificates mentioning various pregnancy-related disorders. She did … Continue reading Brown v Rentokil Ltd: IHCS 10 Mar 1995
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
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
A college declined to act on an employee’s transfer request or to operate their grievance procedure while proceedings under the 1975 Act, brought by the employee against the college, were still awaiting determination. The college was trying to protect itself. Held: An unjustified sense of grievance cannot amount to a detriment in discrimination law. The … Continue reading Cornelius v University College of Swansea: CA 1987
The claimant had been a cook. A poster was put up at work redrawn to show her in a sexually suggestive pose. The court now considered an appeal agreed by consent by the parties. Held: Since the case had been heard, the Court of Appeal in Tower Boot had amended the law, and the appeal … Continue reading AB v CD: EAT 13 Nov 1997
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
The college failed to renew contracts for lecturers on one year fixed term contracts. A greater proportion of women were subject to such contracts, and the dismissal fell entirely on part time and hourly paid workforce. The condition which the complainant relied upon as discriminatory was that in order to qualify for re-engagement she had … Continue reading Allonby v Accrington and Rossendale College and others: CA 23 Mar 2001
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
The claimants sought to assert their rights under the Equal Treatment Directive, whoch had not been implemented. She had been made to retire at 60, but said that had she been a man she would not have had to retire until she reached 65 years old. She had succeeded at the Industrial Tribunal, but failed … Continue reading Doughty v Rolls Royce Plc: CA 19 Dec 1991
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
Under English law and under Community law, the national court should construe a regulation adopted to give effect to a Directive as intended to carry out the obligations of the Directive and as not being inconsistent with it if it is reasonably capable of bearing such a meaning. Lord Diplock said that: ‘it is a … Continue reading Garland v British Rail Engineering Ltd (No 2): HL 22 Apr 1982
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
EAT Sex discrimination – Comparison When a male manager entered the women’s toilets and shouted at a woman on her break, the correct question which should be asked is this: would the Respondent, in the form of a female manager, with the same robust management style as this manager, treat a male cleaner having the … Continue reading Kettle Produce Ltd v Ward: EAT 8 Nov 2006
The employer appealed a finding of sex discrimination. The court criticised severely the way that the two firms of solicitors had failed to work together to put the real issues before the court. It was wrong for a party to seek to withhold documents which were relevant to the issues before the court. The behaviour … Continue reading The Premium Cream Co Ltd v K Parsons: EAT 30 Jan 2002
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
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
EAT Equal Pay Act – Material factor defence – In an equal pay claim involving a presumption of direct discrimination the genuine material factor defence requires justification by objective criteria.The claimant appealed dismissal of her action for equal pay, saying that the ‘material factor’ defence used to justify a different payment had been incorrectly applied. … Continue reading Sharp v Caledonia Group Services Ltd: EAT 1 Nov 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
The claimant was given a senior post in the force, but within the same division in which her policeman husband held a more senior post. The appointment was rescinded, and she claimed sex discrimination. She was found to have been indirectly discriminated against because of the marital relationship. The Force had suggested that the particular … Continue reading The Chief Constable of the Bedfordshire Constabulary v Graham: EAT 26 Sep 2001
There could be no act of discrimination under the Section 6(1)(c) of the 1975 Act in omitting to offer employment until the person allegedly responsible for the omission was in a position to offer such employment. Judges: Hull J QC Citations: [1993] UKEAT 329 – 92 – 1407, [1994] ICR 231 Links: Bailii Statutes: Sex … Continue reading Swithland Motors Plc v Clarke and others: EAT 14 Jul 1993
Judges: Hull QC HHJ Citations: [1994] UKEAT 529 – 94 – 1710 Links: Bailii Statutes: Sex Discrimination Act 1975 Jurisdiction: England and Wales Employment, Discrimination Updated: 19 June 2022; Ref: scu.210184
Appeal agaiinst extension of time given for filing sex discrimination case. Judges: Mummery J P Citations: [1995] UKEAT 1225 – 95 – 2012 Links: Bailii Statutes: Sex Discrimination Act 1975 7691) Employment, Discrimination Updated: 19 June 2022; Ref: scu.209601
The Tribunal considered the difficulties arising where one party was not represented, but where the case gave rise to difficult questions of law. In this case the claimant alleged sex discrimination in the context of rostering arrangements making demands on her as a sole parent. The defendant appealed against a finding that it was in … Continue reading London Underground Ltd v Edwards: EAT 14 Feb 1995
Judges: Byrt QC HHJ Citations: [1998] UKEAT 351 – 98 – 0103 Links: Bailii Citing: See Also – Unwin v Sackville School and Another EAT 30-Jul-1997 . . Cited by: See Also – Unwin v Sackville School and Another EAT 15-Dec-1999 EAT Procedural Issues – Employment Tribunal . .See Also – Unwin v Sackville School … Continue reading Unwin v Sackville School and Another: EAT 1 Mar 1998
Three Defence employees sought to bring claims of variously race and sex discrimination against the Ministry. In each case their services were provided almost entirely abroad, and the defendant argued that there was no jurisdiction to hear the case, and that jurisdiction was not created by minimal presence here. Held: The provisions as to jurisdiction … Continue reading Saggar v Ministry of Defence: EAT 25 May 2004
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
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
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
The Force appealed findings of sex discrimination against the respondent who had undergone gender reassignment. She required the fact of the procedure to be kept secret. The force refused her application for appointment since they said she would be unable to conduct searches, which were required in law to be by officers of the same … Continue reading The Chief Constable of the West Yorkshire Police v A, Secretary of State for Education: EAT 2 Oct 2001
The Lord Chancellor’s action in appointing to a special adviser’s post someone he already knew and trusted, without first advertising the post openly, was not an act of sex or race discrimination. Had they applied, they would not have been appointed because they were not personally known to the Lord Chancellor. In practice a post … Continue reading Coker and Osamor v The Lord Chancellor and the Lord Chancellor’s Department: CA 22 Nov 2001
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
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
The claimant sought damages from the respondents. The case was listed to be heard over 25 days, but she sought an adjournment because of her own ill health. She appealed a refusal of the adjournment. The adjournment was refused on several grounds, including the great age of the action, and the need for a speedy … Continue reading C Maloney v London Borough of Hammersmith and Fulham; C Whatford; Governing Body of Hammersmith School and D A Williams: CA 7 May 1999
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
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
Industrial Tribunals to receive European guidance on sexual harassment. Citations: Times 31-May-1993, [1993] UKEAT 62 – 93 – 1405 Links: Bailii Statutes: Sex Discrimination Act 1975 1(1)(a) Citing: Cited – Meek v City of Birmingham District Council CA 18-Feb-1987 Employment Tribunals to Provide Sufficient ReasonsTribunals, when giving their decisions, are required to do no more … Continue reading Wardman v Carpenter Farrer Partnership: EAT 14 May 1993
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
An application of equal pay involved consideration of 150 comparators, and at great cost to all involved. The industrial members of the tribunal, with the support of the legal member, criticised the delay and complexity of Employment law. The growing complexity of industrial law was operating against the interests of those seeking to work within … Continue reading British Coal Corporation v Smith and Others: EAT 23 Feb 1993
Unfair dismissal – Automatically unfair reasons/ Reasonableness of dismissal Appeal on the grounds that the Employment Tribunal had not applied the correct statutory tests of causation under s.103A Employment Rights Act 1996 and s.4(1) Sex Discrimination Act 1975 upheld. The Employment Tribunal erred in finding only a causation link and failed to apply the statutory … Continue reading Redcar and Cleveland Borough Council v Scanlon: EAT 22 May 2007
The plaintiffs, who were both women, wanted to stand and drink at the bar in the defendants’ wine bar but the barman refused to serve them and said that, if they sat at a table, the drinks would be brought to them. That was because only men were permitted to stand and drink at the … Continue reading Gill v El Vino Co Ltd: CA 1983
It was not sex discrimination to calculate severance pay for an employee on her current part time earnings. Citations: Times 25-Oct-1996 Statutes: Sex Discrimination Act 1975 6(2) Citing: See Also – Barry v Midland Bank Plc EAT 2-Feb-1996 Appeal from rejection of sex discrimination claim . . Cited by: Appeal from – Barry v Midland … Continue reading Barry v Midland Bank Plc: EAT 25 Oct 1996
A woman school technician was subjected to a campaign of sexual harassment by two fellow male non-managerial technicians. She sought a transfer. Held: The real question was whether the sexual harassment was to the detriment of the applicant within section 6(2)(b). The claim of sex discrimination succeeded.Lord McDonald said: ‘It was argued on behalf of … Continue reading Porcelli v Strathclyde Regional Council: EAT 1985
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
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
The claimant sought damages for sex discrimination by fellow police officers in an action against the Chief Constable. The Chief Constable said he was liable for the unlawful acts of fellow officers. Held: Anything done by an employee was done also by the employer under section 41(2). The law had been changed after Liversidge. A … Continue reading Chief Constable of Kent County Constabulary v Baskerville: CA 3 Sep 2003
The applicant had been taken on to stand in for an employee taking maternity leave. She herself became pregnant, and she was dismissed. Her clam for sex discrimination had been rejected by the industrial tribunal and EAT. Held: Since a man who had been recruited in the same situation would have been dismissed if he … Continue reading Webb v EMO Air Cargo (UK) Ltd: CA 20 Dec 1991
The complainant was a female lorry driver, aged 23, employed by a firm specialising in the carriage of chemicals. One chemical was potentially embryotoxic, and the manufacturers warned that special precautions should be taken to avoid women of child-bearing age being exposed to it. The employers therefore refused to allow the complainant to drive lorries … Continue reading Page v Freight Hire (Tank Haulage) Ltd: EAT 1981
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
(Commision) The applicant was a devout Muslim. His religious duty was to offer prayers on Fridays and to attend a mosque if possible. He was employed as a full time primary school teacher. He complained that he was forced to resign because he was refused permission to attend a mosque for the purposes of worship … Continue reading Ahmad v United Kingdom: ECHR 1981
A female art teacher and deputy department head applied in 1975 to be department head at her school. In September a man was appointed instead. The 1975 Act came into force on 29th December. On 1st January 1996 she complained to the Tribunal on the basis that by appointing a man the employers discriminated against … Continue reading Amies v Inner London Education Authority: EAT 1977
The question arose as whether the Inland Revenue were concerned with the provision of services in their activities relating to the adminsitration of the taxation system, so as to bring them within section 20 of the 1976 Act. Held: They were providing services.Templeman LJ said: ‘The Race Relations Act 1976 undoubtedly poses and is continually … Continue reading Savjani v Inland Revenue Commissioners: CA 1981
The House was asked whether the grant of special vouchers under the special voucher scheme introduced came within section 29 of the 1975 Act. Acts performed pursuant to a government function did not come within the meaning of service. Discrimination laws did not apply to acts done on behalf of the Crown which were of … Continue reading Regina v Entry Clearance Officer, Bombay, Ex parte Amin: HL 1983
Where an Industrial Tribunal’s decision could not be reviewed because under the rules, the new evidence had been available, a review based on the new evidence should only be granted where there existed some mitigation causing the failure to bring the matter within the rules, rather than the nature of the dispute at large, making … Continue reading General Council of British Shipping v Deria and Others: 1985
The fact that an employment contract was tainted with illegality of which the employee was aware, did not deprive the employee of the possibility of claiming rights which were due to her under a statute which created rights associated with but not dependent upon the contract. There could be no derogation from the European Directive … Continue reading Hall v Woolston Hall Leisure Limited: CA 23 May 2000
Three school dinner ladies had been employed by the Council at National Rates of pay and conditions. Their work which was almost exclusively carried out by females had been rated as of equal value to that of men employed by the council at various establishments. Following compulsory tendering the council declared some of the catering … Continue reading Ratcliffe and Others v North Yorkshire County Council: HL 7 Jul 1995
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 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
Discrimination was alleged against the immigration authorities. Held: In dealing with people coming in under the immigration rules, the immigration authorities were not providing ‘services’ within the meaning of the Act. The words the ‘circumstances relevant for the purposes of any provision of this Act’ are the circumstances in which discrimination is prohibited by the … Continue reading Regina v Immigration Appeal Tribunal, Ex parte Kassam: CA 1980
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
Citations: [2002] UKEAT 10 – 01 – 1507, [2002] Emp LR 1148, [2002] ICR 1156, [2002] Po LR 202 Links: Bailii Statutes: Sex Discrimination Act 1975 Jurisdiction: England and Wales Citing: Cited – Fisher v Oldham Corporation KBD 1930 On Officer was subject to a claim for false imprisonment on an unlawful arrest, and it … Continue reading Chief Constable of Cumbria v McGlennon: EAT 15 Jul 2002
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear idea of when it would be possible for him … Continue reading Clark v TDG Limited (Trading As Novacold): CA 25 Mar 1999
Ms Gillick had made an application based on sex discrimination in the first place against an agency which had contracted out her services to various divisions of BP Chemicals Ltd. The Respondents were the Company which had done that and in their Notice of Appearance they disputed that there had been an employment relationship between … Continue reading Gillick v BP Chemicals: EAT 1993
The employer appealed against a decision by the tribunal that it had jurisdiction to hear the complaints of sex discrimination. The tribunal had extended the time for the claim on the just and equitable basis. Held: The EAT set out five criteria for answering whether to extend time: ‘(a) the length of and reasons for … Continue reading British Coal Corporation v Keeble and others: EAT 26 Mar 1997
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
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
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
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_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
