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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  















Discrimination - From: 1991 To: 1991

This page lists 13 cases, and was prepared on 27 May 2018.


 
 Regina v Army Board of Defence Council, ex parte Anderson; QBD 1991 - [1992] QB 169; [1991] 3 All ER 375; [1991] 3 WLR 42

 
 Barclays Bank Plc v Kapur; HL 1991 - [1991] 2 AC 355; [1991] IRLR 136

 
 Foster v British Gas plc; HL 1991 - [1991] 2 AC 306; [1991] 1 QB 40
 
Regina v Department of Health, Ex parte Ghandi [1991] 1 WLR 1053
1991


Discrimination, Health Professions
A claim was brought under the section which provides that it is unlawful "for an Authority or Body which can confer an authorisation for, or facilitates, engagement in a particular profession or trade to discriminate." It was claimed that there had been a breach of the section in respect of the failure to appoint a doctor to a vacancy or inclusion on a medical list of a locality.
Race Relations Act 1976 12(1)
1 Citers


 
Bain v Bowles [1991] IRLR 357
1991
CA
Beldam LJ, Dillon LJ
Media, Discrimination
The Lady magazine had no defence to a complaint by a man whose advertisement for a housekeeper in Tuscany they had refused to accept. Following past complaints of sexual harassment, the magazine's policy was to accept such advertisements only where the employer was a woman. The perception of the risk of harm to those who answer the advertisement was not a relevant circumstance for the purpose of the Act. Essentially, it comes within the category of motive for the discrimination and for the policy adopted by the defendants.
1 Citers



 
 King v Great Britain China Centre; CA 1991 - [1992] ICR 516; [1991] EWCA Civ 16; [1991] IRLR 513
 
Nimz v Freie und Hansestadt Hamburg [1991] EUECJ C-184/89
7 Feb 1991
ECJ

Employment, Discrimination
(Judgment) Classification in a higher salary grade - Doubling of the qualifying period for part-time employees - Indirect discrimination.
[ Bailii ]

 
 Cotter and others v Minister for Social Welfare; ECJ 13-Mar-1991 - C-377/89; [1991] EUECJ C-377/89; [1991] ECR I-1155
 
Sougrin v Haringey Health Authority [1991] UKEAT 586_90_3107; [1991] IRLR 447
31 Jul 1991
EAT

Employment, Discrimination
The applicant alleged discrimination arising out of a disputed grading. She claimed the grading she had received in 1988 amounted to direct discrimination on grounds of race, and that because this affected her pay there was a 'continuing act' of discrimination, which entitled her to present a complaint in 1990. Held: The fact she continued to receive lower pay than her comparator was the consequence of the decision to place her at the disputed grade - not the result of a 'continuing act'. There was no less favourable term of her contract because the relevant term in her contract was that she would be paid according to her grade, and that was not a discriminatory provision.
Race Relations Act 1976
1 Citers

[ Bailii ]
 
Clarke v Hampshire Electro Plating Co Ltd [1991] UKEAT 605_89_2409; [1992] ICR 312
24 Sep 1991
EAT
Wood J
Employment, Discrimination
The EAT remitted a case to the Employment tribunal and stressed the importance of determining, as between alleged incidents of discrimination on different dates, when the act of discrimination "crystallized".
1 Citers

[ Bailii ]
 
Livingstone v Hepworth Refractories Plc Gazette, 05 February 1992; [1991] UKEAT 643_90_0512
5 Dec 1991
EAT

Discrimination, Employment

Sex Discrimination Act 1975
[ Bailii ]
 
Doughty v Rolls Royce Plc [1991] EWCA Civ 15; [1992] ICR 538; [1992] IRLR 126; [1992] 1 CMLR 1045
19 Dec 1991
CA
Mustill, Butler-Sloss LJJ, Sir John Megaw
Employment, Discrimination, European, Constitutional
The claimants sought to assert their rights under the Equal Treatment Directive, whoch had not been implemented. She had been made to retire at 60, but said that had she been a man she would not have had to retire until she reached 65 years old. She had succeeded at the Industrial Tribunal, but failed at the EAT. Held: The court was being asked: "did the act of the respondent company in denying to the appellant the opportunity to continue in service for a further five years amount to reliance by the United Kingdom upon its own failure to bring English law into conformity with the Equal Treatment Directive?" All the shares of the company were in the ownership of the government.
Mustill LJ said: "European legislation of the present kind does not have direct effect on individuals, in the sense of creating causes of action on which they can sue or be sued in the courts of the member state. Nevertheless, if the domestic law falls short of what is required by the Directive the member state is in breach of its treaty obligation to give effect to it. Thus, if the individual asserts before his domestic court a right or immunity vis-a-vis the member state which is not available under the domestic law, but which would have been available if the member state had brought its domestic law into line with the Directive, then the individual is entitled to have his case adjudged as if the member state had performed its obligation: i.e. in accordance with the terms of the Directive."
European Council Directive 1976 EEC/76/207 - Sex Discrimination Act 1975 6(4)
1 Cites

[ Bailii ]

 
 Webb v EMO Air Cargo (UK) Ltd; CA 20-Dec-1991 - Gazette, 11 March 1992; [1992] 1 All ER 43
 
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