Category: Discrimination

The Chief Constable of the West Yorkshire Police v A, Secretary of State for Education: EAT 2 Oct 2001

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 sex as the person to be searched. She asserted that others would be able to conduct such searches.
Held: The force had treated the applicant in the same way they would have dealt with a female to male gender assignee. The Act was clearly not intended to cope with these issues, but it must do so. It appeared implicit from the Tribunal’s decision that the Force could be required to hold the applicant out to detainees and members of the public as female, when in law she remains a male. The tribunal erred. Adjusting to the applicant’s requirements would be require unacceptable alterations, and the applicants requirements as to privacy were conflicting. However the incidence of physical searches was so low as to be not relevant.
EAT Sex Discrimination – Direct

Judges:

The Honourable Mr Justice Lindsay (President)

Citations:

EAT/231/00, EAT/661/99, [2002] ICR 552, [2001] UKEAT 661 – 99 – 0210

Links:

Bailii, EAT

Statutes:

Sex Discrimination Act 1975 7, Sex Discrimination (Gender Reassignment) Regulations 1999

Jurisdiction:

England and Wales

Citing:

Cited – Chessington World of Adventures Ltd v Reed EAT 27-Jun-1997
News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public . .
Cited – Corbett v Corbett (otherwise Ashley) FD 1-Feb-1970
There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the . .

Cited by:

Appeal from – A v Chief Constable of the West Yorkshire Police and Another CA 5-Nov-2002
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 . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment, Discrimination

Updated: 05 June 2022; Ref: scu.168330

Crofton v Yeboah: EAT 16 May 2001

After a very long hearing, the appellant had been found guilty of race discrimination in his making of allegations about the behaviour of the respondent in failing to investigate corruption within Hackney London Borough Council.
Held: The first instance tribunal had failed to take account of evidence offered by the appellant to a degree which could only be described as perverse, and the decisions could not stand. The case was remitted to the Employment Tribunal for rehearing, with the expressed hope that a settlement could be reached. The difficulty in establishing perversity on the part of an Employment Tribunal was re-emphasised; an overwhelming case must be established.
EAT Race Discrimination – Direct
EAT Race Discrimination – Direct.

Judges:

Burton J

Citations:

EAT/1352/98, EAT/475/00, [2001] UKEAT 475 – 00 – 1605

Links:

Bailii, EAT

Statutes:

Race Relations Act 1976

Citing:

See Also – Crofton v Yeboah and Another EAT 8-Jul-1999
Application to amend notice of appeal. . .
See Also – Crofton v Yeboah and Another EAT 6-Mar-2000
. .

Cited by:

Cited – Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association EAT 8-Apr-2003
EAT Unfair Dismissal – Compensation
In each case, The employee sought additional damages for non-economic loss after an unfair dismissal.
Held: The Act could be compared with the Discrimination Acts . .
Appeal from – Yeboah v Crofton CA 31-May-2002
The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order.
Held: The EAT must be careful not to take . .
See Also – Yeboah v Crofton CA 31-Jul-2001
Application for leave to appeal. . .
See Also – Crofton v Yeboah EAT 26-Jul-2002
. .
See Also – Crofton v Yeboah EAT 12-Sep-2002
EAT Race Discrimination – Injury to feelings . .
Cited – Cumbria County Council v Carlisle-Morgan EAT 29-Jan-2007
EAT A employed R as a support worker. R made a number of protected disclosures relating to a fellow worker’s conduct towards a client. The ET held various detriments were suffered by R on the ground of the . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 05 June 2022; Ref: scu.168212

Chief Constable of Bedfordshire Police v Liversidge: EAT 21 Sep 2001

The Chief Constable appealed against a refusal to strike out a claim by the respondent that he had racially discriminated against her. Force members had used code words for racially abusive terms about her. The claim was that he was vicariously liable for the acts of his Force members. Liability was asserted against the chief constable under the De Vere case, but no assertion was pleaded to bring it within that rule.
Held: Police officers are not employees in the simple sense, and the Act did not make the Chief Constable vicariously liable.
EAT Race Discrimination – Direct

Judges:

The Honourable Mr Justice Lindsay (President)

Citations:

EAT/773/00, [2002] ICR 1135, [2001] UKEAT 773 – 00 – 2109

Links:

Bailii, EATn

Statutes:

Race Relations Act 1976 16 32(3)

Citing:

Cited – Burton and Another v De Vere Hotels EAT 3-Oct-1996
Two black waitresses, clearing tables in the banqueting hall of a hotel, were made the butt of racist and sexist jibes by a guest speaker entertaining the assembled all-male company at a private dinner party.
Held: The employer of the . .
Cited – Sheikh v Chief Constable 1989
. .
See also – Bedfordshire Police v Liversidge EAT 10-Jul-2000
. .

Cited by:

Distinguished – Chief Constable of Kent County Constabulary v Baskerville CA 3-Sep-2003
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 . .
Appeal from – Bedfordshire Police v Liversidge CA 11-Dec-2001
. .
See Also – Chief Constable of Bedfordshire Police v Liversidge EAT 13-Dec-2001
. .
See Also – Bedfordshire Police v Liversidge CA 24-May-2002
. .
Lists of cited by and citing cases may be incomplete.

Discrimination, Police, Employment, Employment, Discrimination, Employment

Updated: 05 June 2022; Ref: scu.168310

Chaudhary v The Senate of the Royal College of Surgeons Of Great Britain and Ireland and Others, NHS Executive Headquarters, Department of Health, NHS Executive North West, The Postgraduate Dean North West Deanery etc: EAT 19 Jul 2001

EAT Race Discrimination – Direct

Judges:

Miss Recorder Elizabeth Slade QC

Citations:

EAT/975/99, [2001] UKEAT 975 – 99 – 1907

Links:

Bailii, EAT

Citing:

Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995
The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time.
Held: Mummery J made the distinction between single acts of discrimination, and continuing . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Health Professions

Updated: 05 June 2022; Ref: scu.168276

Harvest Town Circle Ltd v Rutherford: EAT 10 Jul 2001

In a case alleging indirect sex discrimination in the differing rules denying entitlement to redundancy payments for men over 65, the tribunal should be ready to look at a wide range of statistics. The test is whether the rule imposed some condition which could be met only by a substantially smaller proportion of one sex rather than the other, and where that difference was without objective justification. The tribunal had erred in law in not inviting the secretary of state to take part in the case, given the obvious possible existence of an objective justification.

Judges:

The Honourable Mr Justice Lindsay (President)

Citations:

Times 21-Aug-2001, EAT/1128/99, [2002] ICR 123, [2001] UKEAT 1128 – 99 – 1007

Links:

Bailii

Statutes:

EC Treaty 141, Employment Rights Act 1996 109 156

Jurisdiction:

England and Wales

Cited by:

Cited – Secretary of State for Trade and Industry v Rutherford and Another; Same v Bentley EAT 2-Oct-2003
The claimants sought to challenge the legislation which removed their employment rights upon attaining the age of 65, arguing that this was discriminatory against men. The Secretary of State appealed the tribunal’s decision.
Held: The tribunal . .
See also – Secretary of State for Trade and Industry v Rutherford, Bentley, Harvest Town Circle Ltd (In Liquidation) EAT 22-May-2003
EAT Sex Discrimination – Indirect . .
Cited – Rutherford and Another v Secretary of State for Trade and Industry CA 3-Sep-2004
The claimants alleged that the legislation governing retirement was indirectly discriminatory against men. Though the right not to be unfairly dismissed maximum age limit was the same for men and for women, that did not apply on a redundancy.
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 05 June 2022; Ref: scu.168286

Lommers v Minister van Landbouw, Natuurbeheer en Visserij: ECJ 19 Mar 2002

Europa Social policy – Equal treatment of men and women – Derogations – Measures to promote equality of opportunity between men and women – Subsidised nursery places made available by a Ministry to its staff – Places reserved only for children of female officials, save in cases of emergency, to be determined by the employer.
‘according to settled case law in determining the scope of any derogation from an individual right such as the equal treatment of men and women laid down by the directive, due regard must be had to the principle of proportionality which required that derogations must remain within the limits of what is appropriate and necessary in order to achieve the aim in view and that the principle of equal treatment be reconciled as far as possible with the requirements of the aim thus pursued.’

Citations:

C-476/99, [2002] EUECJ C-476/99

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Azmi v Kirklees Metropolitan Borough Council EAT 30-Mar-2007
The claimant alleged discrimination. As a teaching assistant, she had been refused permission to wear a veil when assisting a male teacher.
Held: Direct discrimination had not been shown. The respondent had shown that any comparator would have . .
Lists of cited by and citing cases may be incomplete.

European, Discrimination

Updated: 05 June 2022; Ref: scu.168131

Wilkinson v Commissioners of Inland Revenue: Admn 14 Feb 2002

The case concerned the differential tax treatment between men and women, which granted to widows a tax allowance that was not granted to widowers.
Held: The court made a ‘declaration of incompatibility’ pursuant to section 4. 1(1) of the TMA gives to the Commissioners a wide statutory power to grant concessions to taxpayers which derogate from their obligations to pay tax in accordance with the letter of the applicable tax legislation

Judges:

Moses J

Citations:

[2002] EWHC 182 (Admin), [2002] STC 347

Links:

Bailii

Statutes:

Human Rights Act 1998 4, Income and Corporation Taxes Act 1988 262, Taxes Management Act 1970 1(1)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina on the Application of Wilkinson v The Commissioners of Inland Revenue CA 18-Jun-2003
The claimant had not received the same tax allowance following his wife’s death as would have been received by a woman surviving her husband. That law had been declared incompatible with Human Rtights law as discriminatory, but the respondent . .
Cited – Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Taxes Management, Discrimination, Human Rights

Updated: 05 June 2022; Ref: scu.168032

Hooper and others v Secretary of State for Work and Pensions: Admn 14 Feb 2002

The claimants alleged that the way they were treated as widowers under the benefits subjected them to discrimination.
Held: The continued payment of widow’s pension was objectively justified.

Judges:

Moses J

Citations:

[2002] EWHC 191 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (on the application of Smith) v Barking and Dagenham London Borough Council and another Admn 19-Nov-2002
The applicants sought to argue that the attempt to evict him from the caravan site he occupied infringed his article 8 and 14 rights. Though the Isaacs case had decided there was good reason to deny security, he argued that was no longer applicable, . .
Appeal from – Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions CA 18-Jun-2003
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums.
Held: The appeal . .
At first instance – Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Benefits, Human Rights

Updated: 05 June 2022; Ref: scu.168033

Scott v London Borough of Hillingdon: CA 18 Dec 2001

The claimant’s claim for race discrimination had been dismissed on appeal by the EAT. He now appealed to restore the judgement of the employment tribunal. He had begun an action against his employer, and then unsuccessfully applied for employment with the respondent. He later discovered that there had been conversations between the two employers.
Held: The employment tribunal had found that since it was not satisfied that the interviewers had reason not to employ him, they must have known of the race discrimination claim. Knowledge of the discrimination claim is a pre-requisite to a finding of victimisation. The tribunal had not been free to make such an inference.

Judges:

Lord Justice Ward And Lord Justice Keene

Citations:

[2001] EWCA Civ 2005

Links:

Bailii

Statutes:

Race Relations Act 1976 2(1)(a)

Jurisdiction:

England and Wales

Citing:

Cited – King v Great Britain China Centre CA 1991
The court considered the nature of evidence which will be available to tribunals considering a race discrimination claim.
Held: A complainant must prove his or her case on the balance of probabilities, but it is unusual to find direct evidence . .
Cited – Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council HL 16-Oct-1997
The absence of any other explanation for the unfair dismissal of a black worker, does not of itself and inescapably lead to finding of race bias, or racial discrimination. He had been dismissed following complaints of sexual harassment, later found . .
Cited – O’Donoghue v Redcar and Cleveland Borough Council CA 17-May-2001
The Tribunal had been entitled to find on the evidence that an employee unfairly dismissed by reason of sex would have been fairly dismissed for misconduct six months later in any event because of her antagonistic and intransigent attitude. The . .
Leave – Scott v London Borough of Hillingdon CA 3-Apr-2001
. .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 05 June 2022; Ref: scu.167859

Secretary of State for Social Security v Walter: CA 6 Dec 2001

Where a full time student became pregnant and had to suspend her studies, the regulations still treated her as a student, and disentitled her from benefits. The claimant alleged that this was sex discrimination.
Held: It was not. The starting point had to be that the Regulations made no explicit distinction between a man and a woman, nor with whether a woman was pregnant or not. She claimed that she had suffered a detriment and that since it was associated with her benefit it was discriminatory. Not everything which affected pregnant women was discriminatory.

Judges:

Lord Justice Peter Gibson Lord Justice Robert Walker And Lord Justice Keene

Citations:

Times 13-Dec-2001, Gazette 06-Feb-2002, [2001] EWCA Civ 1913

Links:

Bailii

Statutes:

Jobseekers Allowance Regulations 1996 (SI 1996 No 207), Equal Treatment Directive 79/7/EEC (OJ 1979 L6/24)

Jurisdiction:

England and Wales

Citing:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Benefits

Updated: 05 June 2022; Ref: scu.167841

Rothschild Asset Management Limited v Ako: CA 1 Mar 2002

The applicant had, in earlier proceedings before the Employment Tribunal, withdrawn issues she had raised. She now sought to pursue them, and the respondent asserted that she was estopped from doing so, and that the matter was res judicata. The chairman, having received a letter withdrawing the case, had entered the decision without hearing from either party, or investigating any evidence. The applicant had relied upon an out of date text book, understanding that she would be able to re-apply.
Held: Cause of action estoppel applied where the list of issues in the two actions were identical. Despite the Lennon case, the court could look behind a decision to examine the circumstances in which it had been made. Employment Tribunals differed on this issue from other courts, in not making a distinction between orders dismissing case, and discontinuances. Discontinuance does not release or discharge the cause of action, and in employment tribunal cases the court could look behind the order to see if that was the case.

Judges:

Lord Justice Mummery, Lord Justice Jonathan Parker, And, Lord Justice Dyson

Citations:

Times 02-Apr-2002, Gazette 25-Apr-2002, [2002] EWCA Civ 236, [2002] 2 All ER 693, [2002] ICR 899, [2002] IRLR 348

Links:

Bailii

Statutes:

Employment Tribunals (Constitution etc) Regulations 1993 13(2)(a)

Jurisdiction:

England and Wales

Citing:

Cited – Barber v Staffordshire County Council CA 29-Jan-1996
A dismissal of a claim without consideration by the tribunal created an issue estoppel. Issue estoppel rules apply equally to Industrial Tribunal decisions as elsewhere. Redundancy claim once withdrawn on one ground could not be revived on another. . .
Cited – Arnold v National Westminster Bank Plc HL 1991
Tenants invited the court to construe the terms of a rent review provision in the sub-underlease under which they held premises. The provision had been construed in a sense adverse to them in earlier proceedings before Walton J, but they had been . .
Per incuriam – Sajid v Sussex Muslim Society 2002
It was not an abuse of process to seek to pursue an employment claim in the High Court where the claim begun in the tribunal was for breach of contract, unfair dismissal or redundancy, and the total amount of the claim might exceed the tribunal’s . .
Cited – Lennon v Birmingham City Council 2001
. .
Appeal from – Ako v Rothschild Asset Management Ltd, Boston Safe Deposit and Trust Company EAT 8-Feb-2001
EAT Procedural Issues – Employment Tribunal . .

Cited by:

Appealed to – Ako v Rothschild Asset Management Ltd, Boston Safe Deposit and Trust Company EAT 8-Feb-2001
EAT Procedural Issues – Employment Tribunal . .
Cited – Verdin v Harrods Ltd EAT 21-Dec-2005
EAT Contract of Employment – Damages for breach of contract – The Tribunal Chairman erred in law in concluding that Mrs Verdin’s breach of contract claim should be dismissed.
Rule 25 of the Employment . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Estoppel

Updated: 05 June 2022; Ref: scu.167718

General Council of the Bar v Miriki: CA 21 Dec 2001

The applicant claimed that the respondent Council had discriminated against her. After complicated applications, leave to appeal was granted on limited grounds, but on appeal the applicant had been allowed to extend that appeal.
Held: An appeal tribunal might use its case management powers to allow limited departure from the permitted grounds of appeal, only provided the point had been raised before, he had explained why he did not appeal against the limitation, the respondent had full opportunity to argue against that departure, and the court explained its reasoning for allowing that departure. Those conditions had not been met in this case.

Judges:

Lord Justice Peter Gibson, Lady Justice Arden, And, Mr Justice Morland

Citations:

Times 22-Jan-2002, [2001] EWCA Civ 1973, [2002] ICR 505

Links:

Bailii

Statutes:

Employment Tribunal Act 1996 30(3), Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001

Jurisdiction:

England and Wales

Citing:

Appeal from – M Miriki v the General Council of the Bar EAT 4-Dec-2000
EAT Unfair Dismissal – Procedural Fairness . .

Cited by:

Appealed to – M Miriki v the General Council of the Bar EAT 4-Dec-2000
EAT Unfair Dismissal – Procedural Fairness . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 05 June 2022; Ref: scu.167209

Regina v Secretary of State for Social Security Ex Parte Nessa: QBD 15 Nov 1994

Regulations under which payments were made for funeral benefits were not susceptible to a challenge under the Race Relations Act, since they were an act of the Crown.

Citations:

Gazette 08-Feb-1995, Times 15-Nov-1994

Statutes:

Race Relations Act 1976 20

Jurisdiction:

England and Wales

Cited by:

Appeal from – Nessa v Chief Adjudication Officer CA 5-Feb-1998
The requirement that an applicant for income support must show ‘Habitual residence’ required a demonstration that in the applicant was in the UK voluntarily for settled purposes and an appreciable time should pass before income a support claim was . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Benefits

Updated: 05 June 2022; Ref: scu.88613

Chapman v United Kingdom; similar: ECHR 18 Jan 2001

The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement notice were upheld by the inspector.
Held: The needs of gypsies for accommodation, and the refusal of permission to locate caravans on land purchased by them for this purpose, was not a sufficient infringement of their right to family life to outweigh the needs of society as reflected in the planning laws. The caravans were occupied as an integral part of their ethnic identity, but the planning laws required a large margin of appreciation to be afforded. to a national government. The interference was proportionate. ‘It is important to recall that Article 8 does not in terms give a right to be provided with a home. Nor does any of the jurisprudence acknowledge such a right. While it is clearly desirable that every human being has a place where he or she can live in dignity and which he or she can call home, there are unfortunately in the Contracting States many persons who have no home. Whether the State provides funds to enable everyone to have a home is a matter for political not judicial decision.’
‘When considering whether a requirement that the individual leave his or her home is proportionate to the legitimate aim pursued, it is highly relevant whether or not the home was established unlawfully. If the home was lawfully established this factor would self evidently be something which would weigh against the legitimacy of requiring the individual to move. Conversely, if the establishment of a home in a particular place was unlawful, the position of the individual objecting to an order to move is less strong. The court will be slow to grant protection to those who, in conscious defiance of the prohibitions of the law, establish a home on an environmentally protected site. For the court to do otherwise would be to encourage illegal action to the detriment of the protection of the environmental rights of other people in the community.’

Citations:

Times 30-Jan-2001, 27238/95, (2001) 33 EHRR 18, [2001] ECHR 43, (2001) 33 EHRR 479, (2001) 33 EHRR 399

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 6.1 8

Cited by:

Cited – Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others HL 22-May-2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased.
Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an . .
Cited – Wrexham County Borough v The National Assembly of Wales, Michael Berry, Florence Berry CA 19-Jun-2003
A traditional gypsy family had settled because of ill health, and sought to establish a caravan site. The authority claimed they were no longer to be treated as Gypsy and having the entitlement under the Act.
Held: The Act defined ‘Gypsies’ as . .
Cited – Carson and Reynolds v Secretary of State for Work and Pensions CA 17-Jun-2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a . .
Cited – London Borough of Harrow v Qazi HL 31-Jul-2003
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and . .
Cited – Anufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
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 . .
Cited – South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and Linda Porter CA 19-May-2003
The applicant, a gipsy had occupied land she had bought. Her occupation was in breach of planning control. The inspector found exceptional cirumstances for allowing her to continue to live there. The authority appealed.
Held: The inspector had . .
Cited – South Buckinghamshire District Council and Another v Porter (No 2) HL 1-Jul-2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the . .
Cited – The First Secretary of State, Grant Doe, Gregory Yates, Paul Eames v Chichester District Council CA 29-Sep-2004
The appellants challenged a decision to grant planning consent for a private gipsy with mobile homes. The issue was whether the council in refusing permission and in issuing enforcement proceedings, had infringed the applicants human rights. The . .
Cited – Coates and others v South Buckinghamshire District Council CA 22-Oct-2004
The local authority had required the applicants to remove their mobile homes from land. They complained that the judge had failed properly to explain how he had reached his decision as to the proportionality of the pressing social need, and the . .
Cited – Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same HL 3-Nov-2005
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day . .
Cited – Wilson v Wychavon District Council and Another Admn 20-Dec-2005
The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory.
Held: The claim failed. ‘usually a change of use of . .
Cited – Ali v Head Teacher and Governors of Lord Grey School HL 22-Mar-2006
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After . .
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
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 . .
Cited – Lee v Rhondda Cynon Taf County Borough Council CA 16-Jul-2008
The applicant, a gypsy had been living for some years on an illegal site with her children. The council closed the site down and she sought assistance as a homeless person. The council accepted her priority need, but she refused the property offered . .
Cited – 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 . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Planning, Human Rights

Updated: 04 June 2022; Ref: scu.166019

Cornwell v United Kingdom; Leary v United Kingdom: ECHR 25 Apr 2000

Mr Cornwell’s wife had died on 24 October 1989, leaving a dependent child. On 7 February 1997 his representative had ‘contacted’ the Benefits Agency to enquire about widow’s benefits. On 14 February 1997 the Agency ‘answered’ to say that legislation provided only for widows and not widowers. On 28 March 1997 the Agency confirmed that if Mrs Cornwell’s record had been that of a man, her survivor would have been entitled to Widow’s Payment and WMA. The position of the Government was set out in the decision as follows: ‘The Government contest the admissibility of the application insofar as it relates to the period 24 October 1989 to 7 February 1996. They point out that the applicant did not attempt to claim widows’ benefits until 7 February 1997 and that it was only from this date onwards that the legislation was applied to him. Had a woman claimed widows’ benefits on 7 February 1997 in respect of the death of her husband in October 1989, she would have been told that she was out of time for claiming a widow’s payment and that she could only claim widowed mothers’ allowance with effect from 8 February 1996. The UK had agreed to pay the benefit equally until the coming into force of legislation which would correct the situation.

Citations:

Times 10-May-2000, 36578/97, (2000) 27 EHRR CD62, [2000] ECHR 167, [2000] ECHR 168

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Cited by:

Cited – Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions CA 18-Jun-2003
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums.
Held: The appeal . .
Cited – Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Benefits, Discrimination

Updated: 04 June 2022; Ref: scu.165864

Salgueiro Da Silva Mouta v Portugal: ECHR 21 Dec 1999

There was a difference in treatment between the applicant and a comparator based on the applicant’s sexual orientation, a concept which is undoubtedly covered by Article 14. The list set out in this provision is of an indicative nature and is not definitive, as is evidenced by the adverb notamment (in English: ‘any ground such as’) . . the [national] Appeal Court used a distinction dictated by considerations relating to the applicant’s sexual orientation, a distinction which cannot be tolerated under the Convention. Discrimination based on sexuality was covered by the in article 8 prohibition, not because ‘sex’ includes ‘sexuality’ but because the list is not exhaustive.

Citations:

(1999) 31 EHRR 1055, (2001) 31 EHRR 47, 33290/96, [1999] ECHR 176, [2001] 1 FCR 653

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 14

Jurisdiction:

Human Rights

Citing:

See also – Salgueiro da Silva Mouta v Portugal ECHR 1-Dec-1998
A homosexual claimed that an award of custody of his daughter to her mother was an unjustified interference with his right to respect for family life, and also with his right to respect for his private life since he was required in respect of his . .

Cited by:

Cited – Ghaidan v Godin-Mendoza CA 5-Nov-2002
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
Mentioned – Regina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
See also – Salgueiro da Silva Mouta v Portugal ECHR 1-Dec-1998
A homosexual claimed that an award of custody of his daughter to her mother was an unjustified interference with his right to respect for family life, and also with his right to respect for his private life since he was required in respect of his . .
Cited – Wilkinson v Kitzinger and Another FD 12-Apr-2006
The petitioner intended to seek a declaration as to her marital status. She and the respondent had married in a civil ceremony in British Columbia in 2003. She sought a declaration of incompatibility with regard to section 11(3) of the 1973 Act so . .
Cited – Wilkinson v Kitzinger and Another FD 12-Apr-2006
The petitioner intended to seek a declaration as to her marital status. She and the respondent had married in a civil ceremony in British Columbia in 2003. She sought a declaration of incompatibility with regard to section 11(3) of the 1973 Act so . .
Cited – Wilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
Cited – 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 . .
Cited – Rodriguez v Minister of Housing of The Government and Another PC 14-Dec-2009
Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples.
Held: The aim of discouraging homosexual relationships is . .
Cited – Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales and Another ChD 17-Mar-2010
The charity appealed against refusal of permission to amend its charitable objects as set out in the memorandum of association. The charity was successful as an adoption agency particularly in placing children who would otherwise have had difficulty . .
Cited – Steinfeld and Keidan, Regina (on The Application of) v Secretary of State for International Development (In Substitution for The Home Secretary and The Education Secretary) SC 27-Jun-2018
The applicants, an heterosexual couple wished to enter into a civil partnership under the 2004 Act, rather than a marriage. They complained that had they been a same sex couple they would have had that choice under the 2013 Act.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Discrimination

Updated: 04 June 2022; Ref: scu.165806

Karlheinz Schmidt v Germany: ECHR 18 Jul 1994

Article 14 of the Convention operates not by way of the conferral of a freestanding right not to be discriminated against, but rather by way of complementing the other substantive provisions of the Convention and the Protocols. It has no independent existence, since it has effect solely in relation to the enjoyment of the rights and freedoms safeguarded by those other provisions.

Citations:

[1994] ECHR 22, 13580/88, [1994] 18 EHRR 513

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rghts 14

Cited by:

Cited – Petrovic v Austria ECHR 27-Mar-1998
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8.
Held: The . .
Cited – Secretary of State for the Home Department v Hindawi and Headley CA 13-Oct-2004
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his.
Held: The right to be referred to the parole board was a statutory . .
Cited – Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales and Another ChD 17-Mar-2010
The charity appealed against refusal of permission to amend its charitable objects as set out in the memorandum of association. The charity was successful as an adoption agency particularly in placing children who would otherwise have had difficulty . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Discrimination

Updated: 04 June 2022; Ref: scu.165330

Norris v Ireland: ECHR 26 Oct 1988

A homosexual man complained that the criminalisation of homosexual conduct in Ireland violated his article 8 right to respect for his private life, although he accepted that the risk of being prosecuted was remote.
Held: The court accepted that he was a victim. Even an administrative policy of not prosecuting for the offence in question would not have made a difference.

Citations:

10581/83, (1989) 13 EHRR 186, [1988] ECHR 22, [1985] ECHR 13

Links:

Worldlii, Bailii, Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Cited by:

Cited – Adams and Others v Lord Advocate IHCS 31-Jul-2002
(Opinion) The applicants challenged the introduction of restrictions of hunting by foxes, arguing that the law would infringe their human rights.
Held: The Act was not infringing. Fox hunting as such was not a private activity protected by the . .
Cited – Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another HL 26-Jun-2003
Limit to Declaratory Refilef as to Future Acts
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.
Held: Declaratory relief as to the . .
Cited – Tangney v The Governor of HMP Elmley and Another CA 29-Jul-2005
The claimant was a serving a life sentence. During prison disciplinary proceedings he was refused legal and other assistance, and an outside tribunal on the basis that since any finding would not lead to any loss of remission or extra time, his . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Discrimination

Updated: 04 June 2022; Ref: scu.165027

Van Der Mussele v Belgium: ECHR 23 Nov 1983

There is discrimination only if the cases under comparison are not sufficiently different to justify the difference in treatment. This expressed by saying that the two cases must be in an ‘analogous situation’. The social security system is a ‘system characterised by a corpus of rights and obligations of which it would be artificial to isolate one specific aspect’.
The court rejected a submission that there had been a breach of article 4 where a pupil Avocat was compelled by regulations of the Order of Advocates to assist those in need of legal aid and represent clients without payment if so directed by the Order. There could be a breach ‘if the service imposed a burden which was so excessive or disproportionate to the advantages attached to the future exercise of that profession that the service could not be treated as having been voluntarily accepted beforehand.’ The court attached importance to the services falling within the ambit of the normal activities of an Avocat, that a compensatory factor was to be found in the advantages attaching to the profession and that the services contributed to the applicant’s professional training, with its opportunity to enlarge his experience.

Citations:

8919/80, (1983) 6 EHRR 163, [1983] ECHR 13

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 4

Cited by:

Cited – 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 . .
Cited – Wilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
Cited – Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another SC 23-Jan-2013
The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants.
Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications . .
Cited – Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions CA 12-Feb-2013
The claimants complained of the system where they were obliged to work for free to claim Jobseekers Allowance.
Held: The 2011 Regulations were required to specify the schemes under which the claimants were to claim. Instead, the regulations . .
Cited – Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions SC 30-Oct-2013
The Secretary of State appealed against the decision in favour of Ms Reilly and Mr Wilson, that the 2011 Regulations, made under section 17A of the 1995 Act, did not comply with the requirements of that section, and (ii) a cross-appeal brought by . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Discrimination

Updated: 04 June 2022; Ref: scu.164928

Schnorbus v Land Hessen: ECJ 7 Dec 2000

ECJ Equal treatment for men and women – Rules on access to practical legal training in Land Hesse – Priority for applicants who have completed military or civilian service
Jacobs AG said: ‘The discrimination is direct where the difference in treatment is based on a criterion which is either explicitly that of sex or necessarily linked to a characteristic indissociable from sex. It is indirect where some other criterion is applied but a substantially higher proportion of one sex than of the other is in fact affected.’
Advocate General Jacobs said:
‘The discrimination is direct where the difference in treatment is based on a criterion which is either explicitly that of sex of necessarily linked to a characteristic indissociable from sex. It is indirect where some other criterion is applied but a substantially higher proportion of one sex than of the other is in fact affected.’

Judges:

Jacobs AG

Citations:

[2000] ECR I-10997, C-79/99, [2001] 1 CMLR 40, [2000] EUECJ C-79/99

Links:

Bailii

Jurisdiction:

European

Cited by:

Applied – Bressol and Others, Chaverot and Others v Gouvernement de la Communaute francaise ECJ 25-Jun-2009
ECJ Opinion – Free Movement of Persons – Higher education Public health Numerus clausus Residence requirement Equal treatment Principle of non’discrimination Justifications
Sharpston AG said: ‘I take there . .
Cited – 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 . .
Cited – Bull and Another v Hall and Another SC 27-Nov-2013
The court was asked ‘Is it lawful for a Christian hotel keeper, who sincerely believes that sexual relations outside marriage are sinful, to refuse a double-bedded room to a same sex couple?’ The defendants (Mr and Mrs Bull) appealed against a . .
Cited – Taiwo and Another v Olaigbe and Others SC 22-Jun-2016
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 04 June 2022; Ref: scu.162619

Jorgensen v Foreningen Speciallaeger and another: ECJ 6 Apr 2000

Mrs Jorgensen, a specialist rheumatologist, complained about a rule which meant that, if she sold her practice, it would, because of its turnover, be treated as a part-time practice and subject to a cap on the fees it could receive from the Danish national health authorities. She argued that this was indirectly discriminatory on grounds of sex, because her lower turnover was the result of her domestic responsibilities, which affected many more women than men. She argued that budgetary considerations could not justify sex discrimination.
Held: Budgetary considerations could not in themselves justify discrimination on the grounds of sex. The aim of the scheme which imposed the cap was to limit the exercise of part-time specialist practice, it being considered that many doctors who worked principally in a hospital and part time in their own practices neglected the former for the sake of the latter.
Measures intended to ensure sound management of public expenditure on specialised medical care and to guarantee people’s access to such care might be justified if they met a legitimate objective of social policy, were appropriate to obtain that objective and were necessary to that end: ‘As Community law stands at present, social policy is a matter for the Member States, which enjoy a reasonable margin of discretion as regards the nature of social protection measures and the detailed arrangements for their implementation (Case C-229/89 Commission v Belgium [1991] ECR 1-2205, paragraph 22, and C-226/91 Molenbroek [1992] ECR 1-5943, paragraph 15). If they meet a legitimate aim of social policy, are suitable and requisite for attaining that end and are therefore justified by reasons unrelated to discrimination on grounds of sex, such measures cannot be regarded as being contrary to the principle of equal treatment (Commission v Belgium, cited above, paragraphs 19 and 26, and Molenbroek cited above, paragraphs 13 and 19).’

Citations:

C-226/98, [2000] ECR 1-2447, [2000] IRLR 726, [2000] EUECJ C-226/98

Links:

Bailii

Cited by:

Cited – Hockenjos v Secretary of State for Social Security (No 2) CA 21-Dec-2004
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory.
Held: In such cases the supplement usually went to the mother, and this . .
Cited – O’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
Cited – O’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
Lists of cited by and citing cases may be incomplete.

European, Discrimination

Updated: 04 June 2022; Ref: scu.162425

Mahlburg v Land Mecklenberurg-Vorpommern Cas: ECJ 3 Feb 2000

A refusal to appoint a pregnant woman to a post for an indefinite period because of that pregnancy was in breach of the Directive even though national statutory rules precluded employment of the woman during the period of the pregnancy.

Citations:

Times 17-Feb-2000, C-207/98, [2000] EUECJ C-207/98

Links:

Bailii

Statutes:

Equal Treatment Directive (76/207/EEC)

Discrimination, Employment, European

Updated: 04 June 2022; Ref: scu.162409

Regina v Secretary of State for Social Security Ex Parte Taylor: ECJ 16 Dec 1999

The government made additional payments to pensioners in respect of the additional fuel costs incurred in winter. The complainant asserted that as a man aged 62, he would not receive this benefit where a woman of the same age would have done, and that this was discrimination arising from his sex.
Held: The Directive provided for services including those relating to the age of the applicant, this benefit was one such, and the rules were discriminatory and unlawful.
Europa Directive 79/7/EEC – Equal treatment for men and women in matters of social security – Grant of a winter fuel payment – Link with pensionable age. Case C-382/98.
1 Social policy – Equal treatment for men and women in matters of social security – Matters covered by Directive 79/7 – Winter fuel payment payable to those who have reached a minimum age rather than on the basis of a lack of financial means – Included (Council Directive 79/7, Art. 3(1)) 2 Social policy – Equal treatment for men and women in matters of social security – Directive 79/7 – Derogation allowed in respect of possible consequences for other benefits of different pensionable ages – Scope -Limited to forms of discrimination necessarily and objectively linked to the difference in pensionable ages – Discrimination with regard to grant of a winter fuel payment – Excluded (Council Directive 79/7, Art. 7(2)(a))
Article 3(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, which defines the matters covered by the Directive, must be interpreted as meaning that a winter fuel payment, which is part of a statutory scheme, is covered by that directive in so far as payment of the benefit is always subject to the recipients having reached statutory retirement age and it is therefore aimed at protecting them against the risk of old age mentioned in that article. The benefit may be granted to elderly persons, even if they do not have financial difficulties, so that protection against a lack of financial means cannot be considered to be the aim of the benefit. 2 The derogation from the principle of equal treatment for men and women laid down in Article 7(1)(a) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security is not applicable to a benefit such as the winter fuel payment, which is subject to the condition that the recipient has reached statutory retirement age, that is to say the age of 60 for women and 65 for men. Such discrimination is not objectively and necessarily linked to the difference in retirement age for men and women. First, from the point of view of the financial equilibrium of the social security system, it is not necessary either for the financial equilibrium of contributory pension schemes, in view of the fact that the benefits are granted under a non-contributory scheme, or for the financial equilibrium of the social security system as a whole. Secondly, from the point of view of consistency between the retirement pension scheme and the other benefit scheme, it is not required, since if the benefit is designed to provide protection against the risk of old age and must, therefore, be paid only to those above a certain age, it does not follow that that age must necessarily coincide with the statutory age of retirement and, as a result, be different for men and women.

Citations:

Times 25-Jan-2000, C-382/98, [1999] EUECJ C-382/98, [1999] ECR I-8955

Links:

Bailii

Statutes:

Social Fund Winter Fuel Payment Amendment Regulations 1998 No 1910

Citing:

Cited – Amministrazione Delle Finanze Dello Stato v Spa San Giorgio ECJ 9-Nov-1983
ECJ Questions submitted for a preliminary ruling – reference to the court – right of every national court – stage of the proceedings before the national court – nature of the decision to be given by the national . .

Cited by:

Cited – Mcdermott and Cotter v Minister For Social Welfare and Attorney-General ECJ 24-Mar-1987
Europa Where council directive 79/7 has not been implemented, article 4(1) of the directive, which prohibits all discrimination on grounds of sex in matters of social security, could be relied on as from 23 . .
Cited – Walker-Fox v Secretary of State for Work and Pensions CA 29-Nov-2005
The claimant pensioner had moved to France. He sought to claim a retrospective winter fuel allowance claim. The government had eventually agreed to make payments to UK residents abroad.
Held: The claimant was deemed to have had knowledge of . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European, Benefits

Updated: 04 June 2022; Ref: scu.162518

Dr (Mrs) U A Uruakpa v Royal College of Veterinary Surgeons: EAT 18 Jun 2001

The applicant appealed an order striking out her complaint of race discrimination as hopeless. She sought recognition as a veterinary surgeon. Her claim had been dismissed because, under the section the College exercised a statutory power. She asserted that the regulations gave a wide discretion to the College to exempt individuals from all or part of the qualification procedures. It was held that the discretion only applied to those who already held one or more of the qualifications which were recognised. She claimed also that the tribunal system denied her the possibility of equality of arms, and therefore a fair hearing under art 6. The EAT held that the tribunal system was designed to be informal, and Chairmen are specifically required to give assistance to lay parties. There was no breach of that right.
EAT Human Rights –

Judges:

His Honour Judge J Altman

Citations:

EAT/1074/98

Statutes:

Veterinary Surgeon (Examination of Commonwealth and Foreign Candidates) Regulations 1967 Sch para 5, Race Relations Act 1976 41

Jurisdiction:

England and Wales

Human Rights, Discrimination, Health Professions, Employment

Updated: 04 June 2022; Ref: scu.168224

Boyle and Others v Equal Opportunities Commission: ECJ 27 Oct 1998

It was not discriminatory to offer additional pay over and above statutory entitlements to workers taking maternity leave on condition that they return to work for at least a month after the birth or repay the additional sums allowed

Citations:

Times 29-Oct-1998, C-411/96, [1998] EUECJ C-411/96

Links:

Bailii

Statutes:

ECTreaty Art 177, Council Directive 75/117/EC

Citing:

Reference from – 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.

Cited by:

Referred to – 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.
Lists of cited by and citing cases may be incomplete.

Discrimination, European

Updated: 03 June 2022; Ref: scu.162016

Deutsche Telekom AG v Schroder: ECJ 10 Feb 2000

ECJ (Judgment) Equal pay for men and women – Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) – Protocol concerning Article 119 of the EC Treaty – Occupational social security schemes – Exclusion of part-time workers from a supplementary occupational retirement pension scheme – Retroactive membership – Entitlement to a pension – Relationship between national law and Community law

Citations:

[2002] 2 CMLR 25, [2000] EUECJ C-50/96, [2000] IRLR 353, [2000] ECR I-743

Links:

Bailii

Jurisdiction:

European

Discrimination

Updated: 03 June 2022; Ref: scu.161786

Handels-og Kontorfunktionaerernes Forbund i Danmark, acting on behalf of Larsson v Dansk Handel and Service, acting on behalf of Ftex Supermarked A/S: ECJ 29 May 1997

(Judgment) Social policy – Men and women – Access to employment and working conditions – Equal treatment – Dismissal of a woman on grounds of absence due to an illness attributable to pregnancy or confinement – Permissible – Account taken, when calculating the period providing grounds for dismissal, of absence outside periods of maternity leave – Permissible (Council Directive 76/207, Arts 2(1) and (3) and 5(1))
Without prejudice to provisions of national law for the protection of women, particularly with regard to pregnancy and maternity, adopted pursuant to Article 2(3) of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, Article 5(1), in conjunction with Article 2(1), thereof does not preclude dismissals which are the result of absences due to an illness attributable to pregnancy or confinement, even where that illness arose during pregnancy and continued during and after maternity leave.
In particular, the principle of equal treatment enshrined in the Directive does not preclude account being taken of a woman’s absence from work between the beginning of her pregnancy and the beginning of her maternity leave when calculating the period providing grounds for her dismissal under national law.
During the maternity leave accorded to her pursuant to national law, a woman is protected against dismissal on grounds of absence. To take absence during such a period into account as grounds for a subsequent dismissal would thus be contrary to the objective pursued by Article 2(3) of the Directive, and would deprive that provision of its effectiveness. Outside periods of maternity leave, however, and in the absence of any national or, as the case may be, Community provisions affording women specific protection, a woman is not protected under the Directive against dismissal on grounds of periods of absence due to an illness attributable to pregnancy.

Citations:

[1997] EUECJ C-400/95

Links:

Bailii

Jurisdiction:

European

Employment, Discrimination

Updated: 03 June 2022; Ref: scu.161750

British Gas Services Ltd T/A Scottish Gas Services v Park: EAT 30 Jun 2005

EAT UNFAIR DISMISSAL
Reason for dismissal
DISABILITY DISCRIMINATION
Disability
Reasonable adjustments
Unfair dismissal and disability discrimination. Claimant employed as a service engineer and dismissed. Claimant’s case was that dismissal was both unfair and for a reason related to disability. Respondents’ case was that dismissal was fair, on grounds of misconduct. Tribunal found that dismissal was because of respondents’ perception of the claimants’ gross misconduct but also that it was because of his disability. They also determined that a key factor in the respondents’ finding of misconduct was not open to them but did so by taking into account evidence that had not been before the respondents which it was held the Tribunal were not entitled to do. Held that the Tribunal failed to apply the Burchell test, took into account irrelevant material regarding claimant’s application for ill-health retirement in a manner which also made an unfounded assumption, had reached contradictory findings on the respondents’ reason for dismissal and drawn inferences regarding the disability discrimination claim that were not justified by reference to primary fact. Remitted back to a freshly constituted Tribunal.

Judges:

The Honourable Lady Smith

Citations:

EATS/0088/04, [2005] UKEAT 0088 – 04 – 3006

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Citing:

Cited – J Sainsbury Ltd v Hitt; Orse Sainsburys Supermarkets Limited v Hitt CA 18-Oct-2002
Reasobaleness of Investigation Judged Objectively
The employer appealed against a decision that it had unfairly dismissed the respondent. The majority of the Employment Tribunal had decided that the employers had not carried out a reasonable investigation into the employee’s alleged misconduct . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 03 June 2022; Ref: scu.228616

Hill and Stapleton v The Department of Commissioners and Department of Finance: ECJ 17 Jun 1998

Two female employees shared a job in the civil service during which time they each moved up one point in the incremental pay scale with each year of service and were paid fifty percent of the salary for clerical assistants. After two years they switched to full-time employment but their position on the incremental pay scale was adjusted in accordance with an instruction that each year’s job-sharing service was only reckonable as six months full-time service. The issue for the ECJ was whether the principle of finally equal pay was contravened, if employees who convert from job-sharing to full-time work regress on the incremental scale, and hence on their salary scale due to the application by the employer of the criteria of service calculated by time worked in a job and, if so, did the employer have to provide special set of classification for re-course to the criterion of service to find his actual time worked in awarding incremental credit.
Held: Treatment of job sharers as having acquired seniority of half that of time served (having worked half time) was discriminatory. 98% of job sharing civil servant employees were women. Otherwise only if difference based on objective non-sex related factors.

Citations:

Gazette 09-Sep-1998, C-243/95, Ecj/Cfi Bulletin, 9, [1998] IRLR 466, [1998] EUECJ C-243/95

Links:

Bailii

Statutes:

Council Directive 75/117/EEC Equal Pay Directive

Cited by:

Cited – Sharp v Caledonia Group Services Ltd EAT 1-Nov-2005
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 . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European, European

Updated: 03 June 2022; Ref: scu.161632

Secretary of State for Social Security and Chief Adjudication Officer v Graham and others): ECJ 11 Aug 1995

The different pension ages for men and women, and to entitlement to associated invalidity benefits not discriminatory. Community law was not contravened by invalidity benefit being added to a pension.

Citations:

Times 25-Sep-1995, Ind Summary 09-Oct-1995, C-92/94, [1995] EUECJ C-92/94

Links:

Bailii

Statutes:

EC Treaty Article 177, Directive 79/7/EEC Article 7(1)(a)

Benefits, Discrimination, European

Updated: 03 June 2022; Ref: scu.161319

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 of a person. The Court stated: ‘Such discrimination is based, essentially if not exclusively, on the sex of the person concerned. Where a person is dismissed on the ground that he or she intends to undergo, or has undergone, gender reassignment, he or she is treated unfavourably by comparison with persons of the sex to which he or she was deemed to belong before undergoing gender reassignment. To tolerate such discrimination would be tantamount, as regards such a person, to a failure to respect the dignity and freedom to which he or she is entitled, and which the court has a duty to safeguard.’ The Advocate General described the applicant as female: ‘I do so regardless not only of her original sex (male) as it appears on her birth certificate but also of the moment at which, as a result of the final surgical operation, she actually changed her physical sex.’

Citations:

C-13/94, [1996] ICR 795, [1996] IRLR 347, [1996] EUECJ C-13/94, [1996] All ER (EC) 397, [1997] 2 FCR 180, [1996] 2 CMLR 247, [1996] CEC 574, [1996] ECR I-2143, [1996] 2 FLR 347, [1996] Fam Law 609

Links:

Bailii

Statutes:

Council Directive 76/207/EEC

Jurisdiction:

European

Cited by:

Distinguished – Ashton v The Chief Constable of West Mercia Constabulary EAT 27-Jul-2000
Where a dismissal was properly related to poor work performance, the fact that such a deterioration in performance was associated with a gender reassignment process being undergone by the employee, did not make the dismissal sex discrimination. To . .
Cited – Croft v Royal Mail Group Plc (formerly Consignia Group plc) CA 18-Jul-2003
The employee was a transsexual, awaiting completion of surgical transformation to a woman. The employer said she could not use the female toilet facilities, but was offered use of the unisex disabled facilities.
Held: The 1975 Act provides for . .
Cited – A v West Yorkshire Police HL 6-May-2004
The claimant was a male to female trans-sexual who had been refused employment as a police officer by the respondent, who had said that the staturory requirement for males to search males and for females to search females would be impossible to . .
Cited – J v S T (Formerly J) CA 21-Nov-1996
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 . .
Applied – Chessington World of Adventures Ltd v Reed EAT 27-Jun-1997
News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public . .
Cited – 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 . .
Cited – MB v Secretary of State for Work and Pensions SC 5-Jul-2016
The court was asked about the age at which entitlement to a pension began for someone of transgender.
Held: The court was divided, and the issue was referred to the European Court of Justice. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 03 June 2022; Ref: scu.161269

Megner and Scheffel v Innungskrankenkasse Vorderpfalz: ECJ 14 Dec 1995

The mere fact that the legislative provision affects far more women than men at work cannot be regarded as a breach of Article 119 of the Treaty.

Citations:

C-444/93, [1995] EUECJ C-444/93

Links:

Bailii

Cited by:

Cited – Hockenjos v Secretary of State for Social Security (No 2) CA 21-Dec-2004
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory.
Held: In such cases the supplement usually went to the mother, and this . .
Lists of cited by and citing cases may be incomplete.

European, Discrimination

Updated: 03 June 2022; Ref: scu.161223

Kalanke v Freie Hansestadt Bremen: ECJ 17 Oct 1995

An automatic preference of women ceteris paribus was discriminatory and unlawful. Any derogation from article 2.4 must be interpreted strictly.

Citations:

Times 26-Oct-1995, C-450/93, [1995] EUECJ C-450/93, [1995] ECR I-3051

Links:

Bailii

Statutes:

Equal Treatment Directive (Council Directive 76/207/EEC

Jurisdiction:

European

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 03 June 2022; Ref: scu.161228

Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a directive, the court must seek to interpret the Regulations to give effect to the directive. Sexual orientation might exceptionally be part of a genuine occupational requirement. The derogation from the duty of equal treament was tightly drawn: ‘the weight to be given to religious rights may depend upon how close the subject-matter is to the core of the religion’s values or organisation.’
The respondent submitted that there was no direct discrimination since the ground of the difference in treatment was marriage, not sexual orientation and the difference in treatment between married and unmarried couples did not amount to indirect discrimination since married and unmarried couples are not in a materially similar situation. Richards J answered: ‘I am inclined to agree with the submissions for the Secretary of State both as to the absence of direct discrimination and as to the absence of indirect discrimination. The consistent approach [of the ECJ] . . has been to hold that married partners are not in a comparable position to same-sex partners. It is true that until [the Directive] came into force there was no prohibition of discrimination on grounds of sexual orientation in Community law. There is also some force in [the] submission that the application of a condition with which same-sex partners are unable to comply because they are precluded from marrying is discriminatory. I am not persuaded, however, that those considerations . . justify the conclusion that [the] previous statements [of the ECJ] as to the lack of comparability between marriage and other relationships no longer hold good.’

Judges:

Mr Justice Richards

Citations:

[2004] EWHC 860 (Admin), [2004] IRLR 430, [2007] ICR 1176

Links:

Bailii

Statutes:

Employment Equality (Sexual Orientation) Regulations 2003, Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Cited – Regina (Williamson and Others) v Secretary of State for Education and Employment CA 12-Dec-2002
The claimants sought a declaration that the restriction on the infliction of corporal punishment in schools infringed their human right of freedom of religion. The schools concerned were Christian schools who believed that moderate corporal . .
Cited – Regina v Chief Rabbi of the United Hebrew Congregations of Great Britain and the Commonwealth, Ex parte Wachmann 1992
A local rabbi sought judicial review of the declaration of the Chief Rabbi, following an investigation into allegations of adultery with members of his congregation, that he was religiously and morally unfit to occupy his position.
Held: Simon . .
Cited – X v Denmark ECHR 1976
Admissibility decision – state interference in appointment of clergyman. A clergyman was held to have accepted the discipline of his church when he took employment, and his right to leave the church guaranteed his freedom of religion. . .
Cited – Hasan and Chaush v Bulgaria ECHR 26-Oct-2000
The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: ‘Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the . .
Cited – von Colson and Kamann v Land Nordrhein-Westfalen ECJ 10-Apr-1984
LMA Art.177[Art.234] EC proceedings – Ms Van Colson had applied for a job with the prison service and Ms Harz had applied for a job with a private company Deutsche Tradex GmbH. Both had been rejected. The German . .
Cited – Litster and Others v Forth Dry Dock and Engineering Co Ltd HL 16-Mar-1989
The twelve applicants had been unfairly dismissed by the transferor immediately before the transfer, and for a reason connected with the transfer under section 8(1). The question was whether the liability for unfair dismissal compensation . .
Cited – Pickstone v Freemans Plc HL 30-Jun-1988
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim . .
Cited – 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 . .
Cited – Commission v Luxembourg (Judgment) ECJ 12-Jun-2003
Europa Failure of a Member State to fulfil obligations – Telecommunications – Rights of way – Failure to transpose Directive 90/388/EEC effectively. . .
Cited – Evans v The Secretary of State for the Environment, Transport and the Regions and The Motor Insurers’ Bureau ECJ 4-Dec-2003
ECJ Reference for a preliminary ruling: High Court of Justice (England and Wales), Queen’s Bench Division – United Kingdom. Approximation of laws – Directive 84/5/EEC – Compulsory insurance against civil . .
Cited – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Cited – Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
Cited – Smith and Grady v The United Kingdom ECHR 27-Sep-1999
The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into . .
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Cited – Johnston v Chief Constable of the Royal Ulster Constabulary ECJ 15-May-1986
The principles of the European Convention for the Protection of Human Rights must be taken into consideration in community law. The principle of effective judicial control laid down in article 6 of Council Directive 76/207, a principle which . .
Cited – Hibbs and Birmingham v United Kingdom ECHR 18-Jul-1996
Quakers objected to the obligation to contribute through general taxation to funds which may then be used by the State for arms procurement.
Held: The Convention is directed primarily to the personal sphere of personal belief and worship and . .
Cited – Tinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom ECHR 10-Jul-1998
Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be . .
Cited – Hibbs and Birmingham v United Kingdom ECHR 18-Jul-1996
Quakers objected to the obligation to contribute through general taxation to funds which may then be used by the State for arms procurement.
Held: The Convention is directed primarily to the personal sphere of personal belief and worship and . .
Cited – Olsson v Sweden (No 1) ECHR 24-Mar-1988
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs . .
Cited – KB v National Health Service Pensions Agency and Secretary of State for Health ECJ 7-Jan-2004
The claimant had for a number of years had a relationship with a trans-sexual. They had been unable to marry because English law would not recognise a marriage. She compained that on her death her partner would be unable to claim the pension awarded . .
Cited – D and Kingdom of Sweden v Council of the European Union ECJ 31-May-2001
Europa The intention of the Community legislature was to grant entitlement to the household allowance under Article 1(2)(a) of Annex VII to the Staff Regulations only to married couples. Only the legislature can, . .
Cited – Lindsay v United Kingdom ECHR 1986
The position of married couples is not comparable with the position of unmarried couples, so that differences in treatment between them do not amount to discrimination within the meaning of article 14 of the convention. . .
Cited – Inge Nolte v Landesversicherungsanstalt Hannover ECJ 14-Dec-1995
Europa Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security must be interpreted as meaning that persons in employment which is . .
Cited – Grant v South West Trains Ltd ECJ 17-Feb-1998
A company’s ban on the provision of travel perks to same sex partners of employees did not constitute breach of European sex discrimination law. An employer’s policy was not necessarily to be incorporated into the contract of employment. The court . .
Cited – Ghaidan v Godin-Mendoza CA 5-Nov-2002
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
Cited – D and Kingdom of Sweden v Council of the European Union ECJ 31-May-2001
Europa The intention of the Community legislature was to grant entitlement to the household allowance under Article 1(2)(a) of Annex VII to the Staff Regulations only to married couples. Only the legislature can, . .
Cited – Seymour-Smith and Perez; Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another ECJ 9-Feb-1999
Awards made by an industrial tribunal for unfair dismissal are equivalent to pay for equal pay purposes. A system which produced a differential effect between sexes was not indirect discrimination unless the difference in treatment between men and . .
Cited – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Cited – Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions CA 18-Jun-2003
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums.
Held: The appeal . .
Cited – Anufrijeva v Secretary of State for the Home Department CA 22-Mar-2002
Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority’s failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum . .
Cited – Michalak v London Borough of Wandsworth CA 6-Mar-2002
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of . .
Mentioned – Salgueiro Da Silva Mouta v Portugal ECHR 21-Dec-1999
There was a difference in treatment between the applicant and a comparator based on the applicant’s sexual orientation, a concept which is undoubtedly covered by Article 14. The list set out in this provision is of an indicative nature and is not . .
Cited – Otto-Preminger-Institut v Austria ECHR 20-Sep-1994
Balance of Religious Tolerance and Freedom
The Institut operated a cinema. It announced a showing of a film ‘Das Liebenconzil’. Proceedings were brought against it, on complaint by the Roman Catholic Church, in which it was accused of ‘disparaging religious doctrine’. The film was seized . .
Cited – Bowman v The United Kingdom ECHR 19-Feb-1998
UK Electoral law went too far to restrict freedom of speech when limiting the amounts spent by third parties discussing candidates. The legislative provision in question was held to operate, for all practical purposes, as a total barrier to Mrs . .
Cited – Regina v Lord Chancellor ex parte John Witham Admn 7-Mar-1997
If subordinate legislation cannot be construed in a way that makes it compatible with fundamental rights, it will be declared ultra vires. Rules which disallowed exemptions from court fees to a litigant in person on income support were invalid. They . .

Cited by:

Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
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. . .
Cited – Age UK, Regina (On the Application of) v Attorney General Admn 25-Sep-2009
Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65.
Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Human Rights

Updated: 03 June 2022; Ref: scu.195971

Specialarbejderforbundet i Danmark v Dansk Industri: ECJ 31 May 1995

Equal pay provisions apply to piece rate work- Employer to justify differences. where significant statistics disclose an appreciable difference in pay between two jobs of equal value, one of which is carried out almost exclusively by women and the other predominantly by men, so that there is a prima facie case of sex discrimination, article 119 of the EEC Treaty requires the employer to show that that difference is based on objectively justified factors unrelated to any discrimination on grounds of sex.

Citations:

Times 23-Jun-1995, [1996] ICR 51, C-400/93, [1995] EUECJ C-400/93

Links:

Bailii

Statutes:

EECTreaty Art 177

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European

Updated: 03 June 2022; Ref: scu.161200

Gillespie and Others v Northern Health and Social Services Board and Others: ECJ 13 Feb 1996

Benefits payable in maternity leave must make allowance for a pay increase which applied to other workers whilst employee on leave.

Citations:

Times 22-Feb-1996, [1996] ECR 1-475, C-342/93, [1996] ICR 499, [1996] EUECJ C-342/93

Links:

Bailii

Cited by:

Cited – M K Alabaster v Woolwich Plc, the Secretary of State for Social Security EAT 7-Apr-2000
The regulations did not properly implement the decision of the European Court which they intended to reflect. When a woman was on maternity leave, and there was a salary award, she should have been entitled to the benefit of that award whether or . .
Cited – Alabaster v Woolwich Plc, Secretary of State for Social Security CA 26-Feb-2002
The applicant had left on maternity leave. Before leaving, her salary had been increased, but the increase was not back-dated to any part of the period over which the regulations required her average earnings to be calculated for statutory maternity . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European, European

Updated: 03 June 2022; Ref: scu.161169

Elsie Rita Johnson v Chief Adjudication Officer: ECJ 6 Dec 1994

Europa Social policy – Equal treatment for men and women in matters of social security – Directive 79/7 – Article 4(1) – Direct effect – National legislation limiting the period prior to the bringing of a claim for benefit for incapacity for work in respect of which arrears are payable – Whether permissible – Directive not properly transposed prior to the bringing of the claim – Not relevant (Council Directive 79/7, Art. 4(1))
The right conferred on women by the direct effect of Article 4(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security to claim benefits for incapacity for work under the same conditions as men must be exercised under the conditions determined by national law, provided that those conditions are no less favourable than those relating to similar domestic actions and that they are not framed so as to render virtually impossible the exercise of rights conferred by Community law. It follows that, in so far as those conditions are satisfied, Community law does not preclude the application, to a claim based on the direct effect of Directive 79/7, of a rule of national law which merely limits the period prior to the bringing of the claim in respect of which arrears of benefit are payable, even where that directive has not been properly transposed within the prescribed period in the Member State concerned.

Citations:

C-410/92, [1994] EUECJ C-410/92, [1995] ICR 375

Links:

Bailii

Cited by:

Cited – Autologic Holdings Plc and others v Commissioners of Inland Revenue HL 28-Jul-2005
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by . .
Cited – Walker-Fox v Secretary of State for Work and Pensions CA 29-Nov-2005
The claimant pensioner had moved to France. He sought to claim a retrospective winter fuel allowance claim. The government had eventually agreed to make payments to UK residents abroad.
Held: The claimant was deemed to have had knowledge of . .
Lists of cited by and citing cases may be incomplete.

European, Benefits, Discrimination

Updated: 03 June 2022; Ref: scu.161023

Roks and others v Bestuur van de Bedrijfsvereniging voor de Gezondheid, Geestelijke en Maatschappelijke Belangen: ECJ 24 Feb 1994

The court considered a complaint of sex discrimination in the allocation of social security benefits, and said: ‘although budgetary considerations may influence a Member State’s choice of social policy and affect the nature or scope of the social protection measures it wishes to adopt, they cannot in themselves constitute the aim pursued by that policy and cannot, therefore, justify discrimination against one of the sexes.
Moreover, to concede that budgetary considerations may justify a difference in treatment as between men and women which would otherwise constitute indirect discrimination on grounds of sex . . would be to accept that the application and scope of as fundamental a rule of Community law as that of equal treatment between men and women might vary in time and place according to the state of the public finances of the Member States.’

Citations:

C-343/92, [1996] EUECJ C-343/92D, [1994] 2 CMLR 325

Links:

Bailii, Bailii

Cited by:

Cited – O’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
Lists of cited by and citing cases may be incomplete.

European, Benefits, Discrimination

Updated: 03 June 2022; Ref: scu.160979

Mirek v Graysons Automotive Services: EAT 22 Nov 2018

RACE DISCRIMINATION – Continuing Act
The Employment Tribunal erred in law in striking out, at a Preliminary Hearing where no evidence was adduced, four of the six allegations of unlawful race discrimination made by the Claimant in circumstances where he contended that they all formed part of a continuing act.
First, while it is not necessary for an Employment Tribunal to set out precisely the approach it proposes to adopt, it is important that the correct approach is adopted. If that is apparent from the language used by an Employment Tribunal then no complaint can be justifiably be made. Here, however, on each occasion on which the Employment Judge dealt with whether a continuing act or a one-off act was involved in this case, the language used was the language of making primary findings of fact. That was an error. The Claimant’s case should have been taken at its highest unless directly contradicted by undisputed contemporaneous or other material.
Secondly the reasons given did not meet the Meek test. None of the points made on appeal by the Respondent appear as part of the Employment Tribunal’s Reasons. Furthermore, the finding that the conduct of Ian Hateley came to an end on 3 June 2015 did not answer the question whether there was any arguable link between the matters ending on 3 June 2015, and the grievance raised on 30 November 2015, followed by the meeting on 11 March 2016. The Claimant’s case depends on there being a continuing discriminatory state of affairs involving conduct on the shop floor followed by a total failure to recognise or address that conduct. The Employment Tribunal failed to consider or address this point altogether. The Reasons do not provide any explanation for why the Claimant’s case on this point failed.
Thirdly, to the extent that the Employment Judge can be said to have addressed this issue, the conclusion that there was no possible link between the shop floor conduct ending on 3 June 2015, and the grievance complaint about those matters in November and the March 2016 meeting, is perverse because it is unsupported by any evidence. It is true that the Claimant did not expressly assert ongoing conduct by Mr Hateley after 3 June 2015. His claim however was against the Respondent as a whole. Given the involvement of Ms Morris at the meeting on 3 June 2015, and again on 11 March 2016, and given that the grievance of 13 November 2015 raised complaints about alleged abuse on racial grounds in the meeting on 3 June 2015, albeit directed at Mr Hateley, it is difficult to see what evidential basis there was for reaching that conclusion in circumstances where factual disputes could not be and were not to be resolved by the Employment Tribunal at the Preliminary Hearing.

Citations:

[2018] UKEAT 0198 – 18 – 2211

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 03 June 2022; Ref: scu.634378

Alldred v Chief Constable of West Midlands Police: EAT 28 Jul 2006

EAT Sex Discrimination – Equal Treatment Directive
Discrimination – burden of proof – whether ET’s reasoning adequate – decision upheld on one issue, case remitted to ET on the other.

Judges:

The Honourable Mr Justice Bean

Citations:

[2006] UKEAT 0082 – 06 – 2807, UKEAT/0082/06

Links:

Bailii, EATn

Jurisdiction:

England and Wales

Employment, Discrimination, Discrimination

Updated: 02 June 2022; Ref: scu.247785

Tyne and Wear Passenger Transport Executive (T/A Nexus) v Best and others: EAT 21 Dec 2006

EAT Sex Discrimination
Equal Pay – Like work
Female train drivers made a claim under S1 of the Equal Pay Act 1970. The Claimants were in a group known as ‘Metro Operators’ and claimed parity of pay for like work with another group of train drivers. The majority of both groups were overwhelmingly male. The claims were based on indirect discrimination. It was said that because the proportion of those women in both groups together who were in the disadvantaged group was higher than the corresponding proportion of men, the pay differential had a disparate adverse effect on women and was thus ‘tainted by sex’. Accordingly the Respondent was bound to provide objective justification for the disparity under S1(3). The Employment Tribunal accepted this case, although it could find no provision criterion or practice that led to the disparity. It went on to reject the Respondent’s defence of objective justification.
The EAT allowed the appeal on several grounds. The principal ground was that the ET had misdirected itself as a matter of law in finding that there was a prima facie case that the pay disparity was tainted by sex regardless of the fact that the overwhelming majority of those in the disadvantaged group were male. The EAT held that in an equal pay claim by women based upon indirect discrimination, in the absence of some provision criterion or practice that might lead to a disparate impact on women, it was necessary for there to be at least a bare majority of women in the disadvantaged group. Even if a bare majority was not required the proportion of women in the disadvantaged group had to be substantial and approaching a majority; a percentage as in the present case of 15% or 8%, depending on how one constructed the pool, was quite insufficient.
Secondly the EAT held that the ET fell into error in constructing a pool of the disadvantaged that included women who were not found to be doing equal work with the comparators in the advantaged pool. The disadvantaged pool should only comprise those employees who were found to be doing like work with the better paid comparators.
Thirdly the EAT found that the ET had failed to have regard to material evidence which pointed conclusively in favour of objective justification for the pay disparity.

Judges:

Serota QC J

Citations:

[2006] UKEAT 0627 – 05 – 2112

Links:

Bailii

Statutes:

Equal Pay Act 1970 1

Jurisdiction:

England and Wales

Citing:

Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001
Discrimination – History of interactions relevant
When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality . .
See Also – Tyne and Wear Passenger Transport Executive (Trading As Nexus) v Ms M Best and others, Ms A Fulton EAT 11-Jul-2006
EAT Sex Discrimination – (no sub-topic). . .
Cited – Enderby v Frenchay Health Authority and Another ECJ 27-Oct-1993
Discrimination – Shifting Burden of Proof
(Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 02 June 2022; Ref: scu.247877

Steenhorst-Neerings v Bestuur van de Bedrijfsvereniging voor Detailhandel, Ambachten en Huisvrouwen: ECJ 27 Oct 1993

Europa Community law does not preclude the application of a national rule of law according to which benefits for incapacity for work are payable no more than one year before the date of claim, in the case where an individual seeks to rely on rights conferred directly, with effect from 23 December 1984, by Article 4(1) of Council Directive 79/7/EEC concerning the prohibition of discrimination on grounds of sex in matters of social security and where, on the date the claim for benefit was made, the Member State concerned had not yet properly transposed that provision into national law. A national rule restricting the retroactive effect of claims for benefits for incapacity for work does not seek to restrict the right of individuals to rely on Directive 79/7 before the national courts in proceedings against a Member State at fault but serves the requirements of sound administration, in particular as regards the possibility of ascertaining whether the claimant satisfied the conditions for eligibility and the need to determine the degree of incapacity, which may well vary over time, as well as the need to preserve financial equilibrium in a scheme in which claims submitted by insured persons in the course of a year must in principle be covered by the contributions collected during that same year. 2. A Member State may not maintain a provision which, according to its wording, gives rise to a discrimination between men and women within the meaning of Article 4(1) of Directive 79/7. If, however, despite that wording, the national courts consistently apply such a provision without distinction to women and men in the same situation, there is nothing to preclude the national courts from continuing to apply that provision in disputes before them in accordance with such case-law, which enables them to ensure that Article 4(1) of Directive 79/7 is given full effect for so long as the Member State has not yet adopted the legislation necessary to implement it in full. Consequently, Article 4(1) of Directive 79/7 does not preclude the application by the national courts of a legislative provision according to which only women forfeit their benefits for incapacity for work on being awarded a widow’ s pension, if that provision is consistently applied by the courts to widows and widowers alike where they suffer incapacity for work.

Citations:

C-338/91, [1993] ECR 1-5475, [1993] EUECJ C-338/91, [1994] ECR I 5483

Links:

Bailii

Citing:

See Also – Johnson v Chief Adjudication Officer ECJ 11-Jul-1991
ECJ 1. Article 2 of Council Directive 79/7/EEC, on the progressive implementation of the principle of equal treatment for men and women in matters of social security, must be interpreted as meaning that the . .

Cited by:

Cited – Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services ECJ 11-Dec-1997
Pension entitlements for part time workers discriminated against were to be re-calculated to allow for wrongful treatment since 1976
Europa Reference for a preliminary ruling: Office of the Industrial . .
Cited – Autologic Holdings Plc and others v Commissioners of Inland Revenue HL 28-Jul-2005
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by . .
Cited – Walker-Fox v Secretary of State for Work and Pensions CA 29-Nov-2005
The claimant pensioner had moved to France. He sought to claim a retrospective winter fuel allowance claim. The government had eventually agreed to make payments to UK residents abroad.
Held: The claimant was deemed to have had knowledge of . .
Lists of cited by and citing cases may be incomplete.

European, Discrimination, Benefits

Updated: 01 June 2022; Ref: scu.160839

Coloroll Pension Trustees v Russell and others (Judgment): ECJ 28 Sep 1994

The trustees of a pension fund have the same equal treatment obligations as do employers. The effect of the judgment in Barber was that: ‘i) For pensionable service prior to 17 May 1990 (the date of the Barber judgment) it was not unlawful for male and female pension benefits to be provided at different retirement ages;
ii) A scheme could be amended so as to equalise benefits for men and women, if the rules of the scheme permitted such amendment. The nature of the amendment could either reduce the normal male retirement age, or increase the normal female retirement age, or both; provided that both sexes were treated equally;
iii) For pensionable service between 17 May 1990 and the operative date of any valid amendment male members of a pension scheme were entitled to be treated as if their normal retirement age was the same age as that applicable to female members (usually 60). This period is known, in the jargon, as ‘the Barber window’.’

Citations:

Times 30-Nov-1994, C-200/91, [1994] EUECJ C-200/91, [1994] OPLR 179

Links:

Bailii

Citing:

Cited – Barber v Guardian Royal Exchange Assurance Group ECJ 17-May-1990
Europa The benefits paid by an employer to a worker on the latter’s redundancy constitute a form of pay to which the worker is entitled in respect of his employment, which is paid to him upon termination of the . .

Cited by:

Cited – Trustee Solutions Ltd and others v Dubery and Another ChD 21-Jun-2006
The rules of a pensions scheme were altered. It was required that any such alteration be in writing, but the trustees had not signed the document creating the amendment.
Held: The words ‘writing under hand’ clearly required a signature, and . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European

Updated: 01 June 2022; Ref: scu.160755

Neath v Steeper: ECJ 22 Dec 1993

The use of differing actuarial factors by sex, is not a breach of the EC directive.
Europa 1. Social policy – Male and female workers andordm; Equal pay Applicability to private occupational pension schemes andordm; Finding in the judgment of 17 May 1990 in Case C-262/88 Barber andordm; Effects limited to benefits payable in respect of periods of service subsequent to the date of that judgment andordm; Limitation also covering the value of transfer benefits and lump-sum options (EEC Treaty, Art. 119) 2. Social policy andordm; Male and female workers andordm; Equal pay andordm; Pay andordm; Concept andordm; Employers’ contributions paid under funded defined-benefit occupational pension schemes andordm; Excluded (EEC Treaty, Art. 119)

Citations:

Times 21-Jan-1994, C-152/91, [1993] EUECJ C-152/91

Links:

Bailii

Statutes:

EEC Treaty 119

Discrimination, European

Updated: 01 June 2022; Ref: scu.160720

Jackson and Cresswell v Chief Adjudication Officer (Judgment): ECJ 16 Jul 1992

Europa Article 3(1) of Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, which defines the matters covered by the directive, is to be interpreted as not referring to a statutory scheme which, on certain conditions, provides persons with means below a legally defined limit with a special benefit designed to enable them to meet their needs. That interpretation is not affected by the circumstance that the claimant is suffering from one of the risks listed in Article 3 of the directive.
Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions is to be interpreted as meaning that the fact that, under a social security scheme which, on certain conditions, provides persons with means below a legally defined limit with a special benefit designed to enable them to meet their needs, the conditions of entitlement for receipt of the benefits may be such as to affect the ability of a single parent to take up access to vocational training or part-time employment is not sufficient to bring that scheme within its scope.

Citations:

C-63/91, [1992] EUECJ C-63/91

Links:

Bailii

European, Benefits, Discrimination

Updated: 01 June 2022; Ref: scu.160659

Cotter and others v Minister for Social Welfare: ECJ 13 Mar 1991

Europa Article 4(1) of Council Directive 79/7/EEC, on the prohibition of all discrimination on grounds of sex in matters of social security, must be interpreted as meaning that if, after the expiry of the period allowed for implementation of the directive, married men have automatically received increases in social security benefits in respect of a spouse and children deemed to be dependants without having to prove actual dependency, married women without actual dependants are entitled to the same increases even if in some circumstances that will result in double payment of the increases to the same family.
Article 4(1) of Council Directive 79/7 must be interpreted as meaning that where a Member State has included in the legislation intended to implement that article, adopted after the expiry of the period allowed by the directive, a transitional provision providing for compensatory payments to married men who have lost their entitlement to an increase in their social security benefits in respect of a spouse deemed to be dependent because actual dependency cannot be shown to exist, married women in the same family circumstances are entitled to the same payments even if that infringes the prohibition on unjust enrichment laid down by national law.

Citations:

C-377/89, [1991] EUECJ C-377/89, [1991] ECR I-1155

Links:

Bailii

Cited by:

Cited – Marks and Spencer Plc v Customs and Excise HL 28-Jul-2005
The claimant had sought repayment of overpaid VAT, and the respondent resisted arguing that this would be an unjust enrichment. A reference to the European Court was sought.
Held: It was not possible to say that the House’s opinion was acte . .
Lists of cited by and citing cases may be incomplete.

European, Discrimination

Updated: 01 June 2022; Ref: scu.160403

Jasbeer Rooproy v M Rollins-Elliott, Manor House Hospitals Ltd: EAT 7 Aug 2001

The Applicant had worked for the respondents. The respondents were closing down the nursing home, and all staff were being made redundant and were to be given open references. The applicant’s claim for race discrimination had been heard but no decision given. The first respondent gave a reference but referred to the outstanding proceedings. The reference was not received until after her employment had come to an end. She had in fact been treated less favourably, and that arose directly as a consequence of the previous proceedings for race discrimination. The motive of the respondent was not to be taken into account. There is a two part test. Was the applicant treated less favourably, and if so, was this a consequence of her complaint of race discrimination.

Judges:

Mr Commissioner Howell QC

Citations:

[2001] UKEAT 1486 – 99 – 0607

Links:

Bailii

Statutes:

Race Relations Act 1976 2(1)(a)

Jurisdiction:

England and Wales

Cited by:

See Also – Elliot v Rooproy and others EAT 15-Nov-2002
. .
See Also – M Rollins-Elliott v J Rooproy Manor House Hospitals Ltd In Voluntary Liquidation EAT 21-Apr-2005
EAT Race Discrimination – Other losses. . .
See Also – M Rollins-Elliott v J Rooproy Manor House Hospitals Ltd In Voluntary Liquidation EAT 4-Jul-2005
EAT Race Discrimination – Other losses. . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 01 June 2022; Ref: scu.160114

Ashraf v Francis W Birkett and Sons Ltd: EAT 20 Jul 2001

The employee had been selected for redundancy. He claimed both race and disability discrimination. He appealed a rejection of race discrimination claim. He said that the Meek case required the decision to deal with any significant of conflict of evidence, and this the tribunal had not done. The respondent said this need not be fatal to the decision. Though no reference had been made to the replies to the questionnaire, or to differences and changes in the replies given, the tribunal had been quite ready to criticise the respondents, and the evidence had explored the same area in full. The omission made no substantial difference.

Judges:

Miss Recorder Slade QC

Citations:

[2001] UKEAT 244 – 00 – 0803

Links:

Bailii

Statutes:

Race Relations Act 1976 65(2)(b)

Jurisdiction:

England and Wales

Citing:

Cited – Chief Constable of the Thames Valley Police v Kellaway 2000
. .
Cited – Meek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
See Also – Ashraf v Birkett EAT 14-Jan-2000
. .
See Also – Ashraf v Francis W Birkett and Sons Ltd EAT 23-May-2000
. .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 01 June 2022; Ref: scu.160146

Donald D’Souza v London Borough of Lambeth: CA 25 May 2001

Persons seeking to be restored to former employment after dismissal are not compensatable victims either seeking employment or in employment – discrimination against them is not a matter for which the Race Relations Act 1976 section 4 made provision

Judges:

Lord Justice Robert Walker, Lord Justice Schiemann, Mr Justice Lloyd

Citations:

[2001] EWCA Civ 794

Links:

Bailii

Statutes:

Race Relations Act 1976 4

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 01 June 2022; Ref: scu.160106

Price v United Kingdom: ECHR 10 Jul 2001

The applicant complained that she had been subject to degrading treatment, by virtue of the conditions under which she had first been held in a police cell, and subsequently in prison. She was very severely disabled, and the treatment was unsuitable for her needs, in that male officers had been used to assist her attend the toilet, and that she had been kept in conditions which, for her, had been dangerously cold, with a risk of developing sores, and left her unable to attend the toilet or keep herself clean. Though no intention had been shown to humiliate here, the question must be looked at in the light of her particular circumstances and needs, and the treatment had been degrading. ‘There is no evidence in this case of any positive intention to humiliate or debase the applicant. However, the Court considers that to detain a severely disabled person in conditions where she is dangerously cold, risks developing sores because her bed is too hard or unreachable, and is unable to go to the toilet or keep clean without the greatest of difficulty, constitutes degrading treatment contrary to Article 3.’
Judge Sir Nicolas Bratza, in which Judge Costa joined, made clear that the primary responsibility lay not with the police or the prison authorities: ‘but with the judicial authorities who committed the applicant to an immediate term of imprisonment for contempt of court.
While there appear on the material before the court to have been certain failings in the standard of care provided by the police and prison authorities, these stemmed in large part from the lack of preparedness on the part of both to receive and look after a severely handicapped person in conditions which were wholly unsuited to her needs. On the other hand, I can see no justification for the decision to commit the applicant to an immediate term of imprisonment without at the very least ensuring in advance that there existed both adequate facilities for detaining her and conditions of detention in which her special needs could be met.’

Judges:

Costa Pres, Fuhrmann J, Loucaides J, Bratza J, Greve J, Traja J, Ugrekhelidze J

Citations:

Times 13-Aug-2001, 33394/96, [2001] ECHR 453, [2001] ECHR 458, [2011] ECHR 2270

Links:

Worldlii, Bailii, Bailii

Statutes:

European Convention on Human Rights 3

Cited by:

Cited – Regina v Qazi and Another CACD 4-Nov-2010
The defendant appealed against sentence, saying that given his serious medical condition, any imprisonment would threaten his human rights.
Held: The court set out the law. A court imposing a sentence should not concern itself with the . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights, Discrimination

Updated: 01 June 2022; Ref: scu.159479

Matadeen and others v M G C Pointu and others (Mauritius): PC 18 Feb 1998

It is a well recognised canon of construction that domestic legislation, including the Constitution, should if possible be construed so as to conform to international instruments to which the state is party. Lord Hoffmann said: ‘of course persons should be uniformly treated unless there is some valid reason to treat them differently . . The reasons for not treating people uniformly often involve . . questions of social policy’ and ‘treating like cases alike, and unlike cases differently is a general axiom of rational behaviour.’ and ‘Is it of the essence of democracy that there should be a general justiciable principle of equality? . . Their Lordships do not doubt that such a principle is one of the building blocks of democracy and necessarily permeates any democratic constitution. Indeed, their Lordships would go further and say that treating like cases alike and unlike cases differently is a general axiom of rational behaviour. It is, for example, frequently invoked by the courts in proceedings for judicial review as a ground for holding some administrative act to have been irrational.’

Judges:

Lord Hoffmann

Citations:

[1998] UKPC 9, [1999] 1 AC 98, [1998] 3 WLR 18

Links:

Bailii

Citing:

Cited – Societe United Docks v Government of Mauritius; Marine Workers Union v Mauritius Marine Authority PC 1985
(Mauritius) Dockworkers and the Ports Authority, submitted their wage dispute to binding arbitration. The award granted a substantial wage increase which the workers then sought to have enforced. The government, brought in legislation allowing the . .

Cited by:

Cited – Bishop of Roman Catholic Diocese of Port Louis and Others v Suttyhudeo Tengur and Others PC 3-Feb-2004
PC (Mauritius) A father challenged the constitutionality of a system where 50% of places in Catholic run secondary schools were allocated to Catholic childen, and fifty per cent according to merit. He feared this . .
Cited – Reyes v The Queen PC 11-Mar-2002
(Belize) The Criminal Code of Belize provided that any murder by shooting was to be treated as Class A Murder, and be subject to the mandatory death penalty. The applicant having been convicted, appealed saying this was inhuman or degrading . .
Cited – X, Regina (on the Application of) v Y School Admn 21-Feb-2007
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a . .
Cited – AL (Serbia) v Secretary of State for the Home Department; Rudi v Same HL 25-Jun-2008
Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on . .
Cited – 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 . .
Cited – Rotherham Metropolitan Borough Council and Others, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 25-Feb-2015
Appeal about the distribution of European Structural Funds among the regions of the United Kingdom. It arises out of the complaint of a number of local authorities in Merseyside and South Yorkshire about the way in which it is proposed to distribute . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Constitutional, Discrimination

Updated: 01 June 2022; Ref: scu.159291

Waters v Commissioner of Police for the Metropolis: HL 27 Jul 2000

A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal.
Held: Her claim was arguable. It was possible that the Commissioner owed to her a similar duty as would any other employer by virtue of the section. The protection given to the police against owing a duty of care did not apply here. She was not suing as a member of the public. ‘it is clear, or at the least arguable, that duties analogous to those owed to an employee are owed to officers in the police service’. And ‘If an employer knows that acts being done by employees during their employment may cause physical or mental harm to a particular fellow employee and he does nothing to supervise or prevent such acts, when it is in his power to do so, it is clearly arguable that he may be in breach of his duty to that employee. It seems to me that he may also be in breach of that duty if he can foresee that such acts may happen and, if they do, that physical or mental harm may be caused to an individual.’

Judges:

Lord Slynn of Hadley Lord Jauncey of Tullichettle Lord Clyde Lord Hutton Lord Millett

Citations:

Times 01-Aug-2000, Gazette 12-Oct-2000, [2000] 1 WLR 1607, [2000] UKHL 50, [2000] IRLR 720

Links:

House of Lords, Bailii

Statutes:

Police Act 1996 88(1)

Jurisdiction:

England and Wales

Citing:

At EAT – Waters v Commissioner of Police of Metropolis EAT 17-Nov-1994
. .
Appeal from – Waters v Commissioner of Police for Metropolis CA 3-Jul-1997
. .
Cited – Knightley v Johns and others CA 27-Mar-1981
There had been an accident in a tunnel, blocking it. The defendant inspector ordered a traffic constable to ride into the tunnel on his motorcycle against the flow of traffic. The constable crashed and sought damages for negligence against the . .
Cited – White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998
No damages for Psychiatric Harm Alone
The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy.
Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . .
Cited – Chief Constable of Northumbria v Costello CA 3-Dec-1998
A woman police officer was attacked by a prisoner in a cell. She sought damages for the failure of a senior officer nearby not to come to her aid, and from the chief constable under his vicarious liability.
Held: The chief constable’s appeal . .
Cited – Veness v Dyson Bell and Co 25-May-1965
The claimant sought damages against her employer saying they had failed to meet their duty of care to prevent bullying.
Held: The court refused to strike out the claim that ‘[the plaintiff] was so bullied and belittled by her colleagues that . .
Cited – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .
Cited – Spring v Guardian Assurance Plc and Others HL 7-Jul-1994
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of . .
Cited – Petch v Customs and Excise Commissioners CA 29-Mar-1993
A former employer has no duty of care regarding the accuracy of information provided to the trustees of a pension fund regarding the work record of that employee. . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Wigan Borough Council v Davies EAT 1979
The court considered that an employer owed a duty of care and under the contract of employment to employees to protect them against ill treatment or bullying. The plaintiff sued for breach of contract.
Arnold J said: ‘We do not think that it is . .
Cited – Wetherall (Bond Street W1) Ltd v Lynn 1978
The court considered a claim of constructive dismissal against a claim by an employee that the employer had failed to meet its duty of care to protect an employee against bullying or ill treatment by other members of staff. If the respondent had not . .

Cited by:

Cited – Mullaney v Chief Constable of West Midlands Police CA 15-May-2001
The claimant police officer was severely injured making an arrest. He claimed damages from the respondent for contributory negligence of other officers in failing to come to his assistance.
Held: If a police officer owes a duty of care to . .
Cited – Banks v Ablex Ltd CA 24-Feb-2005
The claimant appealed denial of her claim for damages for psychological injury. She complained that her employer had failed to prevent her and other female employees being bullied by a co-worker, and they committed a breach of statutory duty in . .
Cited – JD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .
Cited – French and others v Chief Constable of Sussex Police CA 28-Mar-2006
The claimants sought damages for psychiatric injury. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force.
Held: The claim failed: ‘these claimants have no . .
Cited – 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 . .
Cited – Clark v The Chief Constable of Essex Police QBD 18-Sep-2006
The officer had retired on ill health grounds, and now sought damages from his chief constable saying that the duties imposed on him had been excessive, and had caused his injury by negligence, and that he had been bullied by co-workers and had not . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Vicarious Liability, Police, Negligence

Updated: 31 May 2022; Ref: scu.159084

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 burden placed on the government in this type of case is not as heavy as previously thought. Governments must be able to govern. They adopt general policies, and implement measures to carry out their policies. Governments must be able to take into account a wide range of social, economic and political factors. The Court of Justice has recognised these practical considerations. If their aim is legitimate, governments have a discretion when choosing the method to achieve their aim. National courts, acting with hindsight, are not to impose an impracticable burden on governments which are proceeding in good faith. Generalised assumptions, lacking any factual foundation, are not good enough. But governments are to be afforded a broad measure of discretion. The onus is on the Member State to show (1) that the allegedly discriminatory rule reflects a legitimate aim of its social policy, (2) that this aim is unrelated to any discrimination based on sex, and (3) that the Member State could reasonably consider that the means chosen were suitable for attaining that aim.’

Judges:

Lord Slynn of Hadley Lord Goff of Chievley Lord Jauncey of Tullichettle Lord Nicholls of Birkenhead Lord Steyn

Citations:

Gazette 02-Mar-2000, [2000] UKHL 12, [2000] 1 All ER 857, [2000] 1 WLR 435, [2000] ICR 244

Links:

House of Lords, Bailii

Statutes:

Equal Treatment Directive (76/207/EC), Sex Discrimination Act 1975, Unfair Dismissal (Variation of Qualifying Period) Order 1985 (1985 No 752)

Jurisdiction:

England and Wales

Citing:

Returned from – Seymour-Smith and Perez; Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another ECJ 9-Feb-1999
Awards made by an industrial tribunal for unfair dismissal are equivalent to pay for equal pay purposes. A system which produced a differential effect between sexes was not indirect discrimination unless the difference in treatment between men and . .
See Also – Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another QBD 1995
(Divisional and Court of appeal) The claimants sought judicial review of a condition requiring an employee to have had two years of continuous employment before becoming eligible to make a claim for unfair dismissal. This condition was neutrally . .
Reference to ECJ – Regina v Secretary of State for Employment, ex parte Seymour Smith (1) HL 13-Mar-1997
The House referred to the European Court the question of whether the extension of the minimum period of employment before employment rights were acquired, was discriminatory. . .

Cited by:

Cited – Regina (on the application of Smith) v Barking and Dagenham London Borough Council and another Admn 19-Nov-2002
The applicants sought to argue that the attempt to evict him from the caravan site he occupied infringed his article 8 and 14 rights. Though the Isaacs case had decided there was good reason to deny security, he argued that was no longer applicable, . .
Returned to – Seymour-Smith and Perez; Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another ECJ 9-Feb-1999
Awards made by an industrial tribunal for unfair dismissal are equivalent to pay for equal pay purposes. A system which produced a differential effect between sexes was not indirect discrimination unless the difference in treatment between men and . .
Applied – Secretary of State for Trade and Industry v Rutherford and Another; Same v Bentley EAT 2-Oct-2003
The claimants sought to challenge the legislation which removed their employment rights upon attaining the age of 65, arguing that this was discriminatory against men. The Secretary of State appealed the tribunal’s decision.
Held: The tribunal . .
Cited – Rutherford and Another v Secretary of State for Trade and Industry CA 3-Sep-2004
The claimants alleged that the legislation governing retirement was indirectly discriminatory against men. Though the right not to be unfairly dismissed maximum age limit was the same for men and for women, that did not apply on a redundancy.
Cited – Hockenjos v Secretary of State for Social Security (No 2) CA 21-Dec-2004
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory.
Held: In such cases the supplement usually went to the mother, and this . .
Cited – Home Office v Bailey and others CA 22-Mar-2005
Prison officers claimed awards for sex discrimination. The employer replied that the pools of comparators each contained members of either sex. The appellants sought to establish that any less favourable treatment of them in comparison with the . .
Cited – Secretary of State for Trade and Industry v Rutherford and others HL 3-May-2006
The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not.
Held: The appeal was dismised. There were very few . .
Cited – Age UK, Regina (On the Application of) v Attorney General Admn 25-Sep-2009
Age UK challenged the implementation by the UK of the Directive insofar as it established a default retirement age (DRA) at 65.
Held: The claim failed. The decision to adopt a DRA was not a disproportionate way of giving effect to the social . .
Cited – O’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
Cited – South Lanarkshire Council v The Scottish Information Commissioner SC 29-Jul-2013
Commissioner’s Approach not in Breach
In May 2010, a Mr Irvine made requests under the 2002 Act for information from South Lanarkshire Council. He wanted to know how many of their employees in a particular post were placed at 10 particular points on the Council’s pay scales. His . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment, European

Updated: 31 May 2022; Ref: scu.159046

Taylor v Secretary of State for Scotland: HL 11 May 2000

An employment contract provided that employees would not be discriminated against on the grounds (inter alia) of age. The normal retiring age was 55, but the employer allowed employees to continue beyond that age subject to regular review. The employer decided to retire all employees above 55, and the employee claimed this was discriminating on the grounds of age in breach of the contract.
Held: The prohibition against discrimination with which the House concerned in this case is contractual, not statutory. The House ‘the principle that a contract must be taken as a whole. As a general rule each provision must be read in the light of the other provisions of the contract of which it forms part. The object which is sought to be achieved is to ascertain the meaning of the contract which the parties have made to describe their legal relationship. Where the contract is in writing the task is to discover the meaning of the words which they have used in the written contract. This is to be achieved by reading these words not in isolation but as they would be understood in the context which has been provided for them by the whole contract.’ There had been no singling out, and the equal opportunities policy had not displaced the retirement provisions. No dicrimination was found.

Judges:

Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Nolan, Lord Hope of Craighead, Lord Millett

Citations:

Times 12-May-2000, [2000] UKHL 28

Links:

House of Lords, Bailii

Jurisdiction:

England and Wales

Employment, Contract, Discrimination, Scotland

Updated: 31 May 2022; Ref: scu.159062

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 differential other than sex. There was no further burden on the employer to justify the difference.
Lord Browne-Wilkinson: ‘The Equal Pay Act has to be construed as far as possible to work harmoniously both with the Sex Discrimination Act 1975 and Article 119. All three sources of law are part of a code dealing with unlawful sex discrimination . . It follows that the words ‘not the difference of sex’ where they appear in s.1(3) of the Equal Pay Act 1970 must be construed so as to accord with the Sex Discrimination Act 1975 and article 119 of the Treaty, i.e. an employer will not be able to demonstrate that a factor is ‘not the difference of sex’ if the factor relied upon is sexually discriminatory whether directly or indirectly. Further, a sexually discriminatory practice will not be fatal to a subsection (3) defence if the employer can ‘justify’ it.’

Judges:

Lord Browne-Wilkinson

Citations:

Times 24-Jan-1998, Gazette 18-Feb-1998, [1998] 1 WLR 259, [1998] ICR 205, [1998] UKHL 4, [1998] 1 All ER 394, [1998] IRLR 146

Links:

House of Lords, Bailii

Statutes:

Equal Pay Act 1970

Jurisdiction:

England and Wales

Citing:

Cited – Enderby v Frenchay Health Authority and Another ECJ 27-Oct-1993
Discrimination – Shifting Burden of Proof
(Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female . .

Cited by:

Cited – Glasgow City Council and Others v Marshall and Others HL 8-Feb-2000
Although instructors in special schools, carried out work of a broadly similar nature to qualified teachers, and the majority were women, they were not entitled to an equality of pay clause, since there was no evidence of sex discrimination, and the . .
Cited – 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 . .
Cited – South Tyneside Metropolitan Borough Council v Anderson and others EAT 26-Mar-2007
The council appealed a finding that there was no genuine material factor justifying a difference in pay, and in particular the availability of bonus schemes. . .
Cited – Grundy v British Airways Plc CA 23-Oct-2007
The claimant, a cabin crew member of the defendant’s staff sought damages for sex discrimination.
Held: Sedley LJ said that the pool chosen should be that which suitably tests the particular discrimination complained of. . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 31 May 2022; Ref: scu.158935

Regina v Secretary of State for Employment, ex parte Seymour Smith (1): HL 13 Mar 1997

The House referred to the European Court the question of whether the extension of the minimum period of employment before employment rights were acquired, was discriminatory.

Citations:

Times 14-Mar-1997, [1997] UKHL 11, [1997] 2 All ER 273, [1997] 1 WLR 473, [1997] ICR 371, [1997] IRLR 315

Links:

House of Lords, Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another CA 3-Aug-1995
The rule which extended to two years, the time before the vesting of employment rights was discriminatory, since it affected more women than men. . .

Cited by:

Reference from – Seymour-Smith and Perez; Regina v Secretary of State for Employment, Ex Parte Seymour-Smith and Another ECJ 9-Feb-1999
Awards made by an industrial tribunal for unfair dismissal are equivalent to pay for equal pay purposes. A system which produced a differential effect between sexes was not indirect discrimination unless the difference in treatment between men and . .
Reference to ECJ – 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 . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 31 May 2022; Ref: scu.158886

Allen v Oliver Group Plc and Another: CA 24 May 2001

The appellant appealed a finding against her by the ET and EAT on her claim of race discrimination. The tribunal found that the applicant had been treated less favourably, but had been unable to find any evidence that this had its origins in her race. However two paragraphs of the judgment were inconsistent. The judgement had failed to distinguish between adverse treatment generally, and adverse treatment which would not have affected others. The tribunal had a duty to make findings on the facts presented before it, and was therefore defective. Tribunals should recognise that there are two issues, the treatment issue, and the causation issue, and it is safer where there are a number of complaints, to deal with the two issues only by reference to the individual complaints. Nevertheless, any fault would in the judgement would have worked in her favour, and the decision was not set aside.
courtcommentary.com In considering the issues of treatment and causation in a claim of racial discrimination it is safer for the Tribunal to deal with the two issues only by reference to the individual complaints and not globally

Judges:

The President, Lord Justice Waller And Lady Justice Hale

Citations:

[2001] EWCA Civ 806

Links:

Bailii, courtcommentary.com

Statutes:

Race Relations Act 1976

Jurisdiction:

England and Wales

Citing:

Cited – King v Great Britain China Centre CA 1991
The court considered the nature of evidence which will be available to tribunals considering a race discrimination claim.
Held: A complainant must prove his or her case on the balance of probabilities, but it is unusual to find direct evidence . .
Cited – Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council HL 16-Oct-1997
The absence of any other explanation for the unfair dismissal of a black worker, does not of itself and inescapably lead to finding of race bias, or racial discrimination. He had been dismissed following complaints of sexual harassment, later found . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 31 May 2022; Ref: scu.147564

Hockenjos v Secretary of State for Social Security: CA 2 May 2001

Issues relating to Job Seekers’ Allowance provide for the risks of unemployment, and fell within the Equal Treatment Directive. The scheme failed to treat equally with his wife, a man who was separated from her, but whose children stayed with him for roughly equal times during the week, and where she received the child benefit, and he was refused the additional benefits to which she was entitled. The Regulations said that the additional benefits would accrue only to somebody who received the child benefit. The fact that the benefit was income not contribution based did not take the benefit out of the Directive.

Judges:

Aldous, Tuckey, Kay LJJ

Citations:

Times 17-May-2001, [2001] 2 CMLR 51, [2001] EWCA Civ 624, [2001] ICR 966

Links:

Bailii

Statutes:

Jobseekers Allowance Regulations 1996 (1996 No 207) 77

Jurisdiction:

England and Wales

Cited by:

See Also – Hockenjos v Secretary of State for Social Security (No 2) CA 21-Dec-2004
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory.
Held: In such cases the supplement usually went to the mother, and this . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Benefits

Updated: 31 May 2022; Ref: scu.147525

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 to justify following it. It had to show that the policy met some need, but that question was never addressed. The school had to show the need in this situation to use the policy, not that the policy was widely followed.

Judges:

Schiemann, Latham LJJ, Sir Christopher Slade

Citations:

Times 03-Apr-2001, Gazette 07-Jun-2001, [2001] EWCA Civ 385

Links:

Bailii

Statutes:

Sex Discrimination Act 1975 1(1)(b) (i)

Jurisdiction:

England and Wales

Citing:

At EAT -1 – Whiffen v Milham Ford Girls School and Another EAT 12-Feb-1998
. .
Appeal from – Whiffen v Milham Ford Girls School and Another EAT 28-Oct-1999
. .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 31 May 2022; Ref: scu.147478

A Lawrence and Others v Regent Office Care Limited; Commercial Catering Group and Mitie Secure Services Limited: CA 21 Jun 2000

Citations:

[2000] EWCA Civ 196

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Lawrence and others v Regent Office Care Ltd and others EAT 5-Nov-1998
. .

Cited by:

Reference from – Lawrence and others v Regent Office Care Ltd and Others ECJ 17-Sep-2002
The employees claimed sex discrimination, and sought to have as comparators, male employees of an employer who had previously employed some of them, before a TUPE transfer of the services supplied. The Court of Appeal referred to the court the . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 31 May 2022; Ref: scu.147229

Sidhu v Aerospace Composite Technology Ltd: CA 26 May 2000

The claimant, a Sikh, had reacted to racial abuse on a works outing. A company policy, when considering an allegation of violence in the work place, of looking at the employee’s behaviour and ignoring provocation was not race specific. A person claiming race discrimination under such a policy would have to show that a person of a different race would have been treated differently under such a policy. The policy was not race specific and so was not directly discriminatory.

Citations:

Times 21-Jun-2000, Gazette 22-Jun-2000, [2000] EWCA Civ 183

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Sidhu v Aerospace Composite Technology Ltd EAT 10-Nov-1999
An assault on a company sponsored day out could be within the course of employment. Exclusion by the employer of consideration that the assault might be racially motivated, was itself race-specific and discriminatory. . .

Cited by:

Appealed to – Sidhu v Aerospace Composite Technology Ltd EAT 10-Nov-1999
An assault on a company sponsored day out could be within the course of employment. Exclusion by the employer of consideration that the assault might be racially motivated, was itself race-specific and discriminatory. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 31 May 2022; Ref: scu.147216

Enderby v Frenchay Health Authority and Secretary of State for Health etc: CA 17 Feb 2000

Once unequal treatment had been established it was necessary to take each clause of the contract of the claimant and the comparator and to remove any lesser treatment. Nevertheless, where pay was to be calculated according to a scale including annual increments, the comparison was to be taken at the date of the complaint. There would be no adjustment to place the claimant on the scale at the same spline, since this would in effect reward the claimant twice.

Judges:

Roch, Ward, Gage LJJ

Citations:

Times 29-Feb-2000, [2000] EWCA Civ 45, [2000] IRLR 257, [2000] ICR 612

Links:

Bailii

Statutes:

EU Treaty 119

Jurisdiction:

England and Wales

Citing:

See Also – Enderby v Frenchay Health Authority and Another ECJ 27-Oct-1993
Discrimination – Shifting Burden of Proof
(Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female . .

Cited by:

See Also – Enderby v Frenchay Health Authority and Another ECJ 27-Oct-1993
Discrimination – Shifting Burden of Proof
(Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 31 May 2022; Ref: scu.147078

Regina v Secretary of State for Defence ex parte Perkins (2nd Report): QBD 3 Sep 1998

A European Court ruling that discrimination on the grounds of sex is not the same as discrimination on the grounds of sexual orientation was binding not only for the directive under which the decision was made.

Citations:

Gazette 03-Sep-1998

Statutes:

Council Directive 75/117/EEC (Equal Treatment) Council Directive 76/297/EEC Equal Treatment

Jurisdiction:

England and Wales

Discrimination

Updated: 31 May 2022; Ref: scu.87701

Dr Grace Awaekpo v St Mary’s NHS Trust and others: CA 10 Aug 1999

Citations:

[1999] EWCA Civ 2075

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Awaekpo v St Mary’s Hospital NHS Trust and others EAT 22-Jan-1999
. .
Cited – Owusu v London Fire and Civil Defence Authority EAT 1-Mar-1995
The employee complained of his employer’s repeated failure to regrade him, and alleged discrimination. The employer said his claim was out of time.
Held: Mummery J made the distinction between single acts of discrimination, and continuing . .

Cited by:

See Also – Awaekpo v St Mary’s Hosptial NHS Trust EAT 12-Jan-2000
. .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 31 May 2022; Ref: scu.146990

Lambert Parchment v Ford Motor Company Limited: CA 26 Jul 1999

The claimant sought to bring a claim for race discrimination some 13 years after leaving the defendant’s employment.
Held: This was an appeal against the exercise of a discretion. There had been no misdirection, and the appeal had no prospects of success.

Citations:

[1999] EWCA Civ 1965

Links:

Bailii

Jurisdiction:

England and Wales

Discrimination, Limitation

Updated: 31 May 2022; Ref: scu.146880

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 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 answer because of the effects on others. The EAT had followed Mansell and refused to set aside an interlocutory order of the Employment Tribunal.
Held: Appeals on matters not put to the EAT had to be refused. It could not be shown that the decisions of the ET and EAT were perverse. Others might have decided differently, but that was not the test.

Judges:

Lord Justice Kennedy, Lord Justice Otton And Lord Justice Clarke

Citations:

[1999] EWCA Civ 1360

Links:

Bailii

Statutes:

Sex Discrimination Act 1975 4, Race Relations Act 1976 2, Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 8

Jurisdiction:

England and Wales

Citing:

Cited – Mansell v Curry 1993
Appeals against interlocutory decisions of Employment Tribunals concerning the grant of adjournments are to be deplored. . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 30 May 2022; Ref: scu.146275

Ministry of Justice v Burton and Another: CA 12 Jul 2016

This appeal raises a short point. It arises out of the long running litigation about whether, and to what extent, part-time fee-paid judges have been treated less favourably than full-time salaried judges contrary to the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
Held: The Ministry’s appeal failed. The appellant had not established any perversity in the ET’s judgment to the high level required on such an appeal.

Judges:

Elias, Kitchin, King LJJ

Citations:

[2016] EWCA Civ 714, [2016] ICR 1128, [2016] WLR(D) 383

Links:

Bailii, WLRD

Statutes:

Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000

Jurisdiction:

England and Wales

Legal Professions, Employment, Discrimination

Updated: 30 May 2022; Ref: scu.566851

Rowlands v City of Bradford Metropolitan District Council: CA 26 Mar 1999

The defendant appealed a finding of the EAT that the claimant had standing to claim discrimination under the Act in the way her application to be a foster mother had been treated.
Held: After the EAT decision in W v Essex, it was clear that the relation ship between the council and a foster parent was not one of appointment or employment and was protected by the Act. The appeal succeeded.

Citations:

[1999] EWCA Civ 1116

Links:

Bailii

Statutes:

Race Relations Act 1976 78

Jurisdiction:

England and Wales

Citing:

Cited – W 1-6 v Essex County Council and Another CA 2-Apr-1998
A Local Authority had a duty of care to a fostering family when allocating children. A child was known to have a history of sexual abuse and was fostered with a family with other children, and no warning had been given.
Foster parents sued the . .
Cited – Norweb Plc v Dixon QBD 24-Feb-1995
Electric supply was not made under a contract properly so called, and no offence was committed of harassment for payment. If there is a statutory obligation to enter into a form of agreement the terms of which are laid down, at any rate in their . .

Cited by:

Cited – Bullock v Norfolk County Council EAT 24-Jan-2011
bullock_norfolkEAT11
EAT RIGHT TO BE ACCOMPANIED
The Employment Tribunal did not err in holding that the Claimant, a foster carer, was not a worker within the meaning of the Employment Rights Act 1996 and 1999. Accordingly she . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 30 May 2022; Ref: scu.146031

Weathersfield Ltd (T/a Van and Truck Rentals) v Sargent: CA 10 Dec 1998

The employer, a vehicle hire operator, explained to the Claimant employee following her appointment as a receptionist their policy that if she received an enquiry from any coloured or Asians, judging by their voices, she was to tell them that there were no vehicles available. Upset by that policy she promptly resigned, and later claimed constructive dismissal.
Held: The employer’s appeal failed. An employee leaving without stating the reason for his dismissal need not always be debarred from claiming constructive dismissal, though the acceptance of repudiation should normally be communicated. Racial Discrimination isn’t solely directed at complainant. The applicant who had been dismissed for refusing to implement a racially discriminatory trading policy had been discriminated against on racial grounds. Pill LJ said: the words on ‘racial grounds’ were to be broadly construed; and it was ‘justified and appropriate’ to give a broad meaning to the expression racial grounds. Swinton Thomas LJ thought that there was value in the respondent’s submission that s1(1)(a) might have been intended to be limited to the race of the complainant, but then rejected that proposition, and accepted the Showboat principle of the broad construction of ‘racial grounds’: ‘I do not think that it is helpful in a case such as this to try and ascertain the intention of a draftsman of the Act, or the intention of Parliament, because it seems to me to be unlikely that the circumstances that arise in this case were considered either by the draftsman or by Parliament. In my judgment it is more helpful to focus on the intention underlining the Act itself and the words used. The intent of the Act is to deter racial discrimination . . ‘

Judges:

Pill LJ, Swinton Thomas LJ and Beldam LJ

Citations:

Times 31-Dec-1998, Gazette 03-Feb-1999, [1998] EWCA Civ 1938, [1999] ICR 425, [1999] IRLR 94, [1999] Disc LR 290

Links:

Bailii

Statutes:

Race Relations Act 1976

Jurisdiction:

England and Wales

Citing:

Approved – Showboat Entertainment Centre v Owens EAT 28-Oct-1983
The employer had dismissed an employee who had refused to comply with a discriminatory instruction by the employer to exclude blacks from the employer’s amusement centre. The tribunal at first instance had found that that was a dismissal ‘on racial . .
Appeal from – Weathersfield Ltd (T/A Van and Truck Rentals) v Sargent EAT 6-Jun-1997
. .

Cited by:

Cited – MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School HL 19-Jun-2003
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation.
Held: The court should start by asking what gave rise to the act complained of. In this case it was the . .
Cited – 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 . .
Cited – English v Thomas Sanderson Ltd CA 19-Dec-2008
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 . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 30 May 2022; Ref: scu.145417

Bryant v Housing Corporation: CA 21 May 1998

A complainant before an industrial tribunal will only be allowed to amend her statement in order to add an allegation of victimisation for sex discrimination where this arises naturally from the facts alleged. In this case the new claim was rather more than an amendment and amounted to a substitution of a new claim which was itself well out of time.

Judges:

Lord Justice Nourse, Lord Justice Peter Gibson And Lord Justice Buxton

Citations:

Times 01-Jun-1998, Gazette 01-Jul-1998, [1998] EWCA Civ 866, [1999] ICR 836

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Campion v Hamworthy Engineering CA 1987
Where it is sought to complain of decisions as to the fairness of a dismissal which, being decisions of fact, can only be challenged on grounds of perversity, the Court of Appeal must look carefully at the original decision of the IT as well as at . .
Cited – Kwik Save Stores Ltd v Swain EAT 1997
An appellate court whose jurisdiction is limited to matters of law can only interfere where there has been a breach of well-established legal principles such as failing to take account of relevant factors.
When considering barring a party for . .
Cited – X v Z Ltd CA 18-Apr-1997
Industrial Tribunal’s reporting restrictions provisions are to be given considering wider interests than just the parties who appeared before the tribunal. The tribunals themselves are the best judges of case management decisions. . .
Cited – Retarded Childrens Aid Society v Day CA 1978
Lord Russell of Killowen said: ‘The function of the Employment Appeal Tribunal is to correct errors of law where one is established and identified. I think care must be taken to avoid concluding that an experienced industrial tribunal by not . .
Cited – Kumchyk v Derby County Council EAT 1978
The appellant sought to advance an argument that a certain term was implied into the contract of employment which, for its consideration, would have required consideration of a factual framework which had not been explored in evidence.
Held: . .
Cited – British Newspaper Printing Corporation v Kelly CA 1989
A group of employees had brought proceedings which appeared (though there was some ambiguity) to be intended as claims for redundancy payments. More than three months after the effective date of termination they sought to amend to plead alternative . .
Appeal from – Bryant v The Housing Corporation EAT 20-Jan-1997
. .

Cited by:

Cited – Street v Derbyshire Unemployed Workers Centre EAT 22-Sep-2003
The employee claimed that the behaviour which gave rise to her dismissal was a protected disclosure, and that her motive was irrelevant.
Held: The fact that what was disclosed was true was not conclusive to protect the disclosure. The court . .
Cited – Transport and General Workers Union v Safeway Stores Ltd EAT 23-Mar-2007
EAT Practice and Procedure – Amendment

Safeway closed a depot, leading to a large number of redundancies. The Union alleged that consultation was inadequate. Proceedings were initially commenced claiming only . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 30 May 2022; Ref: scu.144345

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 Limited v Edwards (2) CA 21-May-1998
New rosters for underground train drivers were indirectly discriminatory because all the men could comply with them but not all the women could do so: it was a ‘striking fact’ that not a single man was disadvantaged despite the overwhelming . .
At EAT – London Underground Ltd v Edwards EAT 14-Feb-1995
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 . .

Cited by:

Cited – Chief Constable of Avon and Somerset Constabulary v Chew EAT 27-Sep-2001
The Constabulary appealed against a decision that they were guilty of indirect sex discrimination, as regards the way they had implemented part time working and shift duties. The parties differed as the pool of employees from which the comparison . .
Cited – Secretary of State for Trade and Industry v Rutherford and others HL 3-May-2006
The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not.
Held: The appeal was dismised. There were very few . .
Cited – Homer v Chief Constable of West Yorkshire Police SC 25-Apr-2012
The appellant had failed in his claim for indirect age discrimination. Approaching retirement, he complained that new conditions allowing advancement to graduates only, discriminated against him since he could not complete a degree before retiring. . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 30 May 2022; Ref: scu.144355

London Underground Limited v Edwards (2): CA 21 May 1998

New rosters for underground train drivers were indirectly discriminatory because all the men could comply with them but not all the women could do so: it was a ‘striking fact’ that not a single man was disadvantaged despite the overwhelming preponderance of men in the pool of train drivers affected.

Judges:

Simon Brown, Swinton Thomas, Potter LJJ

Citations:

[1998] EWCA Civ 877, [1999] ICR 494

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At EAT – London Underground Ltd v Edwards EAT 14-Feb-1995
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 . .
At EAT – London Underground Ltd v Edwards EAT 13-Jan-1997
. .

Cited by:

Approved – The Chief Constable of the Bedfordshire Constabulary v M Graham EAT 26-Sep-2001
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 . .
See Also – 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 . .
Cited – Secretary of State for Trade and Industry v Rutherford and others HL 3-May-2006
The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not.
Held: The appeal was dismised. There were very few . .
Cited – Homer v Chief Constable of West Yorkshire Police SC 25-Apr-2012
The appellant had failed in his claim for indirect age discrimination. Approaching retirement, he complained that new conditions allowing advancement to graduates only, discriminated against him since he could not complete a degree before retiring. . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 30 May 2022; Ref: scu.144356

Mensah v East Hertfordshire NHS Trust: CA 10 Jun 1998

An industrial tribunal should be helpful to litigants to help establish clearly whether issues which had been raised on the papers were not being pursued. An employee claiming racial discrimination but not pursuing it at the tribunal was not allowed to do so on appeal. The task of the Court of Appeal was not to test whether the decision of the tribunal was correct, but whether it could be shown to be wrong.

Judges:

Peter Gibson LJ, Henry LJ and Sir Christopher Slade

Citations:

Gazette 30-Sep-1998, [1998] EWCA Civ 954, [1998] IRLR 531

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Mensah v East Hertfordshire NHS Trust EAT 13-May-1996
Leave to appeal granted. . .
Cited – Divine-Bortey v London Borough of Brent CA 14-May-1998
The claimant had brought and lost an action relating to his dismissal by the defendant, who now appealed against an order that he was not estopped from bring a second claim on a different basis namely race discrimination, disapplying the rule in . .

Cited by:

Cited – Colen and Another v Cebrian (UK) Limited CA 20-Nov-2003
The company paid the claimant sales commission. Part was diverted and paid to his wife to reduce the tax payable. The employer had appealed a finding of unfair disamissal, the company arguing that the contract was illegal.
Held: The contract . .
Cited – Swallow Security Services Ltd v Millicent EAT 19-Mar-2009
EAT UNFAIR DISMISSAL: Contributory fault
The employers dismissed the employee after a bogus redundancy exercise, after she had knowingly taken paid holiday in excess of her holiday allowance and failed to . .
Explained – Muschett v HM Prison Service CA 2-Feb-2010
The claimant had been employed through an employment agency to carry out work for the respondent. He appealed against dismissal of his appeal against a ruling that he was not a worker for the respondent under the 1996 Act. He said that the . .
Cited – Drysdale v The Department of Transport (The Maritime and Coastguard Agency) CA 31-Jul-2014
The claimant had been represented at his claim before the employment tribunal by his wife, acting as a lay representative. She asked to be allowed to withdraw the complaint. Without asking her, the complaint was dismissed, and costs awarded against . .
Cited – Stoke On Trent City Council v Savigar (Debarred) EAT 15-May-2015
EAT Unfair Dismissal – PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity – UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal
Though the Claimant’s complaint was that . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Litigation Practice

Updated: 30 May 2022; Ref: scu.144433

Merseyside Tec Limited v Noorani: CA 21 Nov 1997

Application for leave to appeal. The respondent had said that the EAT had erred in overturning the tribunal chair’s decision not to issue witness summonses.
Held: Leave was granted.

Citations:

[1997] EWCA Civ 2795

Jurisdiction:

England and Wales

Citing:

Appeal from – Noorani v Merseyside TEC Ltd EAT 17-Jun-1997
The claimant appealed against the dismissal of his complaint of race discrimination saying that the tribunal had erred in not issuing a witness summons. The tribunal had said that the potential evidence was not relevant.
Held: There had been . .
Cited – Dada v Metal Box Co Ltd NIRC 1974
Sir John Donaldson sets out the considerations when a witness order is sought in an employment dispute before the court. He said: ‘We are quite clear that tribunals have a discretion in deciding whether or not to issue witness orders. There is no . .

Cited by:

Leave to appeal – Noorani v Merseyside TEC Limited CA 19-Oct-1998
The claimant had claimed race discrimination. The tribunal declined to order the issue of witness summonses. The EAT overturned that decision on the basis that the tribunal had not recognised that it had a discretion to issue the summonses, and had . .
See Also – Noorani v Merseyside TEC Limited EAT 21-Apr-1999
A tribunal’s discretion not to grant witness summonses because the witnesses appeared to be only of limited relevance was not to be interfered with, save where it was unreasonable. A tribunal can always act to remedy the refusal later if this . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 29 May 2022; Ref: scu.143194

Virdi v Commissioner of Police of Metropolis: EAT 2 Dec 1998

Appeal against the decision of an Industrial Tribunal effectively to stay the Applicant’s complaint. The claimant police officer complained of racial abuse from fellow officers. The stay had been pending completion of criminal proceedings against the claimant.
Held: The chairman had acted within the range of his discretion. However the first date available should be fixed to set a hearing date.

Judges:

Morison P J

Citations:

[1998] UKEAT 1234 – 98 – 0212

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 29 May 2022; Ref: scu.207065

Saini v All Saints Haque Centre and others: EAT 24 Oct 2008

EAT Religion or Belief Discrimination
Discrimination on grounds of religious belief. Tribunal erred in considering only whether or not the Respondents mistreated the Claimant on the grounds of his religion in circumstances where they found as fact they mistreated him for the purpose of seeking to get rid of another employee on the grounds of that employee’s religion.

Citations:

[2008] UKEAT 0227 – 08 – 2410

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 29 May 2022; Ref: scu.277158

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 of passing a test of proficiency in English.
Held: The appeal failed. The GMC’s rules when being tested as discriminatory gave a new complaint on each occasion on which they were used. The most recent refusal, which was in response to a letter on the complainant’s behalf from a local Council for Racial Equality, was within time.
Brooke LJ acknowledged that a complainant of discrimination in the field of employment may establish jurisdiction by relying simply on the existence of a policy as a continuing act of discrimination regardless of its most recent application to him: ‘It was an important part of . . [the GMC’s] case that the Employment Appeal Tribunal failed to take into account the fact that the cases on which it relied were all decided in relation to s. 4 of the 1976 Act or s.6 of the Sex Discrimination Act 1975. . . In those cases the discriminatory act complained of is not a one-off act of refusal; it arises out of the way in which the employer affords his or her employees access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or out of the employer refusing or deliberately omitting to afford the employees access to them. In these circumstances, the courts have held that if an employer adopts a policy which means that a black employee or female employee is inevitably barred from access to valuable benefits, this is a continuing act of discrimination against employers who fall into these categories until the offending policy is abrogated.’ and
‘In my judgment, it is not necessary to resolve the question of the proper interpretation of s. 12(1)(a) of the Act in the present case. If the regime which the GMC had selected for its exemptions policy was inherently discriminatory . . then on every occasion that it refused to allow her limited registration without first taking the . . test it would be committing an act of unlawful discrimination contrary to s. 12(1)(b) of the Act. I do not regard the letter from the Greenwich Racial Equality Council as being akin to a solicitor’s letter in these circumstances. It was inviting the GMC to grant Dr Rovenska an exemption, and there were three new features of this application compared with the letter Dr Rovenska had written in December. It advanced a new (bad) argument based on her acquisition of the new Master’s degree; it forwarded a new up-to-date reference; and it expressly asked for an exemption. The GMC refused this application, and Dr Rovenska’s application was made within three months of that refusal.’

Judges:

Brooke LJ, Nourse, Roch LJJ

Citations:

Times 31-Dec-1996, [1996] EWCA Civ 1096, [1997] IRLR 367, [1998] ICR 85

Links:

Bailii

Statutes:

Race Relations Act 1976 68

Jurisdiction:

England and Wales

Citing:

Appeal from – Rovenska v General Medical Council EAT 22-Sep-1994
The complainant said that the respondent’s rules imposing language skills testing on doctors with recognised foreign qualifications were discriminatory.
Held: Discriminatory rules are a continuing act and the complaint was not barred by time . .

Cited by:

Cited – Cast v Croydon College CA 19-Mar-1998
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 . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Health Professions

Updated: 29 May 2022; Ref: scu.140963

Regina v Powys County Council, ex parte Jenny Diane Hambidge: Admn 28 Apr 1999

Citations:

[1999] EWHC Admin 371

Links:

Bailii

Statutes:

Disability Discrimination Act 1995 20

Cited by:

Appeal from – Regina v Powys County Council, Ex Parte Hambidge (No 2) CA 16-Mar-2000
Where a local authority raised the care charges for facilities and services provided to disabled people charging different rates according to the benefits received, and where some benefits were received according to the level of disability, that . .
Lists of cited by and citing cases may be incomplete.

Local Government, Health, Discrimination

Updated: 28 May 2022; Ref: scu.139635

X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a niqab; second the importance of a uniform policy as promoting ‘uniformity and an ethos of equality and cohesion’; third security; and finally avoiding applying pressure on girls to wear a niqab. ‘ The girl had reached puberty, and it was in accordance with her own genuinely held religious belief that she should wear the niqab if taught by male teachers. Her elder sisters had been allowed to wear the niqab.
Held: The girl’s claim failed. The rule was accessible and precise and had been communicated to the claimant. None of the bodies and people consulted about the policy had said there was a requirement to wear a niqab. The only girl at the shool who had worn the niqab in recent years was the claimant’s elder sister whilst in the sixth form, but the sixth form did not have a uniform policy. Any legitimate expectation was not excluded by the 1998 and 2002 Acts which were merely permissive. The policy was within an area where the school enjoyed a discretion. There was no practice upon which any claim for a legitimate expectation might be based.

Judges:

Silber J

Citations:

[2007] EWHC 298 (Admin), [2008] 1 All ER 249

Links:

Bailii

Statutes:

European Convention on Human Rights 9, Education Act 2002 21(1), School Standards and Framework Act 1998 38(1)

Jurisdiction:

England and Wales

Citing:

Cited – Bradley v Jockey Club QBD 2004
The former jockey sought an injunction to restrain the respondent enforcing a ban it had imposed on him from working as a jockey for five years. The defendant had previously been ruled authoritatively not to be amenable to judicial review in public . .
Cited – Bradley v The Jockey Club CA 12-Jul-2005
The Jockey had been disqualified from riding for five years for breaches of the club’s rules. He said the punishment was disproportionate in effectively preventing him working for a living.
Held: The appeal failed, and the judge’s analysis was . .
Cited – Regina v Camden London Borough Council Ex Parte Cran and Others QBD 25-Jan-1995
A designation of an area as a controlled parking area was vitiated by the failure of the Local Authority to consult locally. The court expanded on the principles for consultation set out in Gunning: ‘What kind and amount of consultation is required . .
Cited – Konttinen v Finland ECHR 3-Dec-1996
(Commission) The applicant was a civil servant and a Seventh-day Adventist. He was dismissed for his refusal to continue working after sunset on Fridays. His contract required him to work on Friday evenings after sunset.
Held: The claim was . .
Cited – Valsamis v Greece ECHR 18-Dec-1996
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3; No violation of Art. 9; No violation of P1-2; Violation of Art. 13+P1-2; Violation of Art. 13+9; Non-pecuniary damage – finding of violation . .
Cited – Sahin And Surgec v Turkey ECHR 31-Oct-2006
‘The court reiterates its settled case-law that the expression ‘prescribed by law’ requires first that the impugned measure should have a basis in domestic law. It also refers to the quality of the law in question, requiring that it be accessible to . .
Cited – Stedman v United Kingdom ECHR 9-Apr-1997
(Commission) The applicant alleged that her dismissal for refusal to work on Sundays constituted a violation of her freedom to manifest her religion in worship, practice and observance, contrary to Article 9.
Held: The Commission first had to . .
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
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 . .
Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
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. . .
Cited – Jewish Liturgical Association Cha’are Shalom Ve Tsedek v France ECHR 27-Jun-2000
The applicants, ultra-orthodox jews, challenged the regulation of ritual slaughter in France, which did not satisfy their exacting religious standards.
Held: The applicants’ right to freedom of expression was not limited by the controls on the . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Bradley v Jockey Club QBD 2004
The former jockey sought an injunction to restrain the respondent enforcing a ban it had imposed on him from working as a jockey for five years. The defendant had previously been ruled authoritatively not to be amenable to judicial review in public . .
Cited – Samaroo and Sezek v Secretary of State for the Home Department CA 17-Jul-2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation.
Held: Where the deportation of a foreigner following a conviction here, would conflict with his human . .
Cited – Leyla Sahin v Turkey ECHR 29-Jun-2004
(Grand Chamber) The applicant had been denied access to written examinations and to a lecture at the University of Istanbul because she was wearing an Islamic headscarf. This was prohibited not only by the rules of the university but also by the . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – Matadeen and others v M G C Pointu and others (Mauritius) PC 18-Feb-1998
It is a well recognised canon of construction that domestic legislation, including the Constitution, should if possible be construed so as to conform to international instruments to which the state is party. Lord Hoffmann said: ‘of course persons . .

Cited by:

Cited – Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination, Human Rights

Updated: 28 May 2022; Ref: scu.248949

Jones, Kirker, Angel and Bond v 3M Healthcare Ltd, Ambitions Personnel (Nottinghamshire) Ltd, British Sugar Plc, New Possibilities NHS Trust and Hackney: CA 2002

In each case the claimants had pursued claims for disability discrimination, and then had been given inadequate references after dismissal. They appealed dismissal of their claim for compensation for victimisation.
Held: Applying Adekeye, the claims failed. The words of the statute were clear.

Judges:

Pill, Mummery and Latham LJJ

Citations:

[2002] EWCA Civ 304, [2002] ICR 1124

Jurisdiction:

England and Wales

Discrimination

Updated: 28 May 2022; Ref: scu.183746

Ring C-337/11: ECJ 4 Aug 2011

ECJ (Social Policy) Preliminary rulings concerning the interpretation of Articles 1, 2 and 5 of Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, p. 16) and the decision of the Court of 11 July 2006 in Case C-13/05, Chacon Navas (Reports 2006, p. I-6467).

Citations:

[2011] EUECJ C-337/11

Links:

Bailii

Jurisdiction:

European

Discrimination

Updated: 26 May 2022; Ref: scu.444246

HK Danmark acting Lone Skoubo Werge v Ring: ECJ 4 Aug 2011

ECJ (Social Policy) Preliminary rulings concerning the interpretation of Articles 1, 2 and 5 of Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, p. 16) and the decision of the Court of 11 July 2006 in Case C-13/05, Chacon Navas (Reports 2006, p. I-6467).

Citations:

C-335/11, [2011] EUECJ C-335/11, [2013] EUECJ C-335/11

Links:

Bailii, Bailii

Jurisdiction:

European

Discrimination

Updated: 26 May 2022; Ref: scu.444245

Alexander v Home Office: CA 1988

Prisoners are a section of the public for the purposes of the 1976 Act. The Court increased an award for injury to feelings awarded for race discrimination by prison officers from pounds 50 to pounds 500. The court considered the appropriate level of damages to be awarded in race discrimination cases: ‘damages for this relatively new tort of unlawful racial discrimination are at large, that is to say they are not limited to the pecuniary loss that can be specifically proved’. Such awards should not be minimal. It was open to a tribunal to include in appropriate cases ‘an element of aggravated damages where, for example, the defendants may have behaved in a high handed, malicious, insulting or oppressive manner in committing the act of discrimination.’ Aggravated damages are intended to deal with cases where the injury was inflicted by conduct which was ‘high-handed, malicious, insulting or oppressive’.

Judges:

May LJ

Citations:

[1988] ICR 685, [1988] IRLR 190

Statutes:

Race Relations Act 1976

Jurisdiction:

England and Wales

Cited by:

Cited – Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association EAT 8-Apr-2003
EAT Unfair Dismissal – Compensation
In each case, The employee sought additional damages for non-economic loss after an unfair dismissal.
Held: The Act could be compared with the Discrimination Acts . .
Considered – Johnson v HM Prison Service and Others EAT 31-Dec-1996
Awards of damages for race discrimination were proper against both the employer, and an individual racist employee. 28k was not too much. Aggravated damages might be appropriate for direct discrimination where a complainant relied upon malice of . .
Cited – British Telecommunications plc v Reid CA 6-Oct-2003
The respondent appealed an award of pounds 10.000 for damages for an act of direct race discrimination. The claimant, of Afro-Caribbean origin, had been subjected to a racist comment.
Held: Translating hurt feelings into hard currency will . .
Cited – Scott v Inland Revenue CA 2-Apr-2004
The employee had claimed damages for unfair dismissal. The Revenue had subsequently changed its policy on retirement, but did not disclose this to the claimant. The change would have altered the calculation of the damages.
Held: A calculation . .
Cited – 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 . .
Cited – British Telecommunications plc v Reid CA 6-Oct-2003
The respondent appealed an award of pounds 10.000 for damages for an act of direct race discrimination. The claimant, of Afro-Caribbean origin, had been subjected to a racist comment.
Held: Translating hurt feelings into hard currency will . .
Cited – Gill, Regina (on The Application of) v Secretary of State for Justice Admn 26-Feb-2010
Failure to provide programme discriminated
The claimant prisoner who had a learning disability said that he had been unable to complete the offending behaviour programmes because of his disability, that he had been kept in prison for much longer than he should have been as a consequence, and . .
Cited – Driskel v Peninsula Business Services Ltd and Another EAT 7-Dec-2001
The claimant sought leave to appeal against a finding that though there had been serious sex discrimination, the affect on her had been low, and the damages for injury to feelings reduced accordingly.
Held: The appeal was dismissed. The . .
Lists of cited by and citing cases may be incomplete.

Damages, Discrimination

Updated: 26 May 2022; Ref: scu.183845