swarb.co.uk - law index
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: 1993 To: 1993
This page lists 32 cases, and was prepared on 27 May 2018.
Manchester University v Jones [1993] ICR 474
1993
Discrimination, Employment
The court prescribed a broad and expansive concept of the pool of comparators in discrimination cases.
1 Citers
Gillick v BP Chemicals [1993] IRLR 437
1993
EAT
Lord Coulsfield
Employment, Discrimination, Scotland
Ms Gillick had made an application based on sex discrimination in the first place against an agency which had contracted out her services to various divisions of BP Chemicals Ltd. The Respondents were the Company which had done that and in their Notice of Appearance they disputed that there had been an employment relationship between themselves and Ms Gillick. They said "you were employed by BP". She then applied to be allowed to add the defendant as a party. The defendant said that she was now well out of time, and Mrs Gillick now appealed an order to that effect. Held. BP was to be added as a party. Whether or not to do so was a matter for the discretion of the tribunal. There was no time limit as such which applied to the addition of new or substituted parties. The Industrial Tribunal should treat an application to amend the complaint by the addition of a new respondent as a question of discretion, having regard to all the circumstances, not as one to be settled by the application of the rules of time-bar.
Lord Coulsfield said: "The presence of absence of a connection between the respondents may well be relevant in considering whether or not a genuine mistake has been made , and whether the Industrial Tribunal should exercise its discretion to allow the mistake to be corrected, but such considerations are relevant, if at all, as matters to be taken into account in exercising the discretion, rather than as limitations on the circumstances in which the discretion can be exercised." As to the case of Cocking: "We do not . . think that the Cocking approach is necessarily limited to cases in which the original and the new respondents are related as principal and subsidiary, or in some similar way. The presence or absence of a connection between the respondents may well be relevant in considering whether or not a genuine mistake has been made, and whether the industrial tribunal should exercise its discretion to allow the mistake to be corrected, but such considerations are relevant, if at all, as matters to be taken into account in exercising a discretion, rather than as limitations on the circumstances in which the discretion can be exercised."
Employment Protection (Consolidation) Act 1978 67(2) - Sex Discrimination Act 1975 76(1) - Industrial Tribunals (Rules of Procedure) (Scotland) Regulations 1985 (1985 no 17) 1 2 10 13(1) 14
1 Cites
1 Citers
A Links and Co Ltd v Rose [1993] SLT 664
1993
Scotland, Employment, Discrimination
1 Citers
Regina v Secretary of State Employment, ex parte Equal Opportunities Commission and Another [1993] 1 WLR 872; [1993] ICR 251
1993
CA
Company, Discrimination
1 Citers
North Yorkshire County Council v Ratcliffe and others [1993] UKEAT 501_92_2101
21 Jan 1993
EAT
Employment, Discrimination
School catering assistants claimed equal pay under the Act. Their work had been valued as equal to that of men, but following a contracting out procedure, they earned less than men. Held: The Council had failed to show that the difference was due to a material factor other than the difference in sex.
Equal Pay Act 1970
1 Cites
1 Citers
[ Bailii ]
Adekeye v Post Office; EAT 17-Feb-1993 - Times, 23 March 1993; [1993] UKEAT 378_92_1702
British Coal Corporation v Smith and Others; EAT 23-Feb-1993 - Times, 23 February 1993
Webb v EMO Air Cargo (UK) Ltd (No 1); HL 3-Mar-1993 - Gazette, 03 March 1993; [1993] 1 WLR 49; [1993] ICR 175; [1993] IRLR 27; [1992] UKHL 15
Board of Governors St Matthias Church of England School v Grizzle; EAT 4-Mar-1993 - Gazette, 21 April 1993; Independent, 04 March 1993
Jones v University of Manchester; CA 10-Mar-1993 - Gazette, 10 March 1993; [1993] ICR 474; [1993] IRLR 21
Mecca Leisure Group Plc v Chatprachong Gazette, 21 April 1993
21 Apr 1993
EAT
Discrimination
It was not discrimination not to offer English language lessons to a worker.
Race Relations Act 1976 4(2)(b)
Modinos v Cyprus (Case 7/1992/352/426) Ind Summary, 24 May 1993; Times, 17 May 1993; [1993] ECHR 19; 15070/89; [1993] ECHR 19
22 Apr 1993
ECHR
Human Rights, Discrimination
The Cyprus law making criminal homosexual acts carried out in private is in breach of the Con?ention.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings
European Convention on Human Rights art 8
[ Bailii ] - [ Bailii ]
Wardman v Carpenter Farrer Partnership Times, 31 May 1993; [1993] UKEAT 62_93_1405
14 May 1993
EAT
Discrimination
Industrial Tribunals to receive European guidance on sexual harassment.
Sex Discrimination Act 1975 1(1)(a)
1 Cites
[ Bailii ]
Kokkinakis v Greece; ECHR 25-May-1993 - Independent, 16 June 1993; Times, 11 June 1993; 14307/88; [1993] 17 EHRR 397; [1993] ECHR 20
Chisholm and Others v Kirklees Metropolitan Borough Council and Another; Kirklees Metropolitan Borough Council v B and Q Plc Times, 27 May 1993; Independent, 27 May 1993
27 May 1993
ChD
Discrimination, Local Government
The Sunday trading law banning trading on Sunday's does not create any situation of sex discrimination.
Shops Act 1950 47 - Sex Discrimination Act 1975
Swithland Motors Plc v Clarke and others; EAT 14-Jul-1993 - [1993] UKEAT 329_92_1407; [1994] ICR 231
Nagarajan v Agnew [1995] ICR 520; [1993] UKEAT 270_92_2107
21 Jul 1993
EAT
Knox J
Discrimination, Employment
Mr Nagarajan, of Indian birth, had brought several complaints to the Tribunal based on race. A settlement was reached on or about 1st November 1989 in full and final settlement of all his claims arising out of his employment with London Underground Ltd. His employment by LUL had ceased by then. Mr Nagarajan, after a spell of unemployment, applied for a job with LUL's holding company, LRT. Mr Agnew, a manager, on being asked to fill in a form about that application, firmly recommended against Mr Nagarajan's re-employment. LRT rejected the job application. The company now appealed against a finding of discrimination victimisatio. Held: The appeal succeeded. There has to be a 'subsisting employment relationship' at the time when the events complained of in section 4(2) of the Act occur. The majority of the events listed in that subsection can occur only during employment, the whole provision is couched in the present tense, and had Parliament intended to include post-employment benefits, it would have made that intention explicit. The claimant being no longer employed, the decision was fundamentally flawed.
Where there are mixed motives for the action complained of, the unlawful motive must be of sufficient weight in the decision making process to be treated as a cause of the act so motivated.
Race Relations Act 1976 4(2)
1 Citers
[ Bailii ]
Marshall v Southampton and South West Hampshire Area Health Authority (No 2); ECJ 2-Aug-1993 - Independent, 04 August 1993; Times, 04 August 1993; C-271/91; [1993] ECR 1-4367; [1993] EUECJ C-271/91; [1994] QB 126
Yorkshire Blood Transfusion Service v Plaskitt Ind Summary, 30 August 1993; Times, 17 August 1993; [1993] UKEAT 108_93_3006
17 Aug 1993
EAT
Employment, Discrimination
An employer paying the wrong salary by mistake, led to worse treatment but not by any difference of sex which might justify or base a claim of sex discrimination. There was no reason why an employer's own mistake could not be a sufficient factor without there being any discrimination.
Equal Pay Act 1970 1(3)
[ Bailii ]
Department of the Environment for Northern Ireland v Bone Unreported, 15 September 1993
15 Sep 1993
Discrimination
The court was asked as to the meaning of 'qualification' when considered under the Act: "It is our view that the word 'qualification' itself and the other words in the definition viz 'authority, recognition, registration, enrolment, approval and certification' convey with reasonable clarity the idea of (a) some sort of status conferred on an employee or self-employed person in relation to his work, or the work which he proposes to do; and as respects a self-employed person, in relation to his trade, profession or calling or to what he proposes to be his trade, profession or calling; (b) a status which relates only to a person carrying on that work or trade, profession or calling; and (c) is either necessary for the lawful carrying on thereof or making that carrying on more advantageous."
Race Relations Act 1976 23
1 Citers
Ten Oever v Stichting Bedrijfspensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf (Judgment) Times, 12 October 1993; C-109/91; [1993] EUECJ C-109/91
6 Oct 1993
ECJ
European, Discrimination
Barber judgment of 17-May-90 date of equality of treatment re pensions.
1 Cites
1 Citers
[ Bailii ]
Sculer-Zgragen v Switzerland Times, 21 October 1993
21 Oct 1993
ECHR
Human Rights, Discrimination
Assuming that a woman won't return to work after her child's birth is discriminatory.
Regina v Bradford Metropolitan Borough Council Ex parte Sikander Ali Ind Summary, 22 November 1993; Gazette, 03 November 1993; Times, 21 October 1993
21 Oct 1993
QBD
Discrimination, Education, Local Government
A Local Authority may use traditional school catchment areas as a basis for admissions policies for initial allocation of schools, without this being racially discriminatory. They are a valid basis of choice, despite supervening population shifts.
Enderby v Frenchay Health Authority and Another; ECJ 27-Oct-1993 - Times, 12 November 1993; Ind Summary, 29 November 1993; [1993] IRLR 591; C-127/92; [1993] EUECJ C-127/92; [1994] ICR 112; [1994] 1 All ER 495; [1994] 1 CMLR 8; [1993] ECR I-5535
Steenhorst-Neerings v Bestuur van de Bedrijfsvereniging voor Detailhandel, Ambachten en Huisvrouwen; ECJ 27-Oct-1993 - C-338/91; [1993] ECR 1-5475; [1993] EUECJ C-338/91; [1994] ECR I 5483
Grant v Council of Legal Education [1993] UKEAT 376_93_0111
1 Nov 1993
EAT
Buul QC
Employment, Litigation Practice, Discrimination
Appeal against refusal of extension of time to submit Race Relations Questionnaire.
[ Bailii ]
Bhudi and others v IMI Refiners Ltd [1993] UKEAT 407_93_2411
24 Nov 1993
EAT
Mummery P J
Employment, Discrimination
Sex Discrimination Act 1975
1 Cites
[ Bailii ]
Burrett v West Birmingham Health Authority; EAT 6-Dec-1993 - Ind Summary, 06 December 1993; [1994] IRLR 7
Moroni v Collo C-110/91; [1993] EUECJ C-110/91; [1994] PLR 211; [1993] ECR 6591; [1994] IRLR 130; [1993] ECR I-6591; [1995] ICR 137
14 Dec 1993
ECJ
European, Discrimination
ECJ (Judgment) 1. Retirement pensions paid by an occupational scheme based on an agreement between the employer and the representatives of its employees, supplementary to the statutory social security scheme and not receiving any public funding, constitute pay for the purposes of Article 119 of the Treaty with the result that they are subject to the prohibition of discrimination based on sex laid down by that provision. It does not matter in this regard that the scheme was established in accordance with national legislation and this requires the pension for which the scheme provides to be paid at the same time as the employee begins to draw the statutory pension.
Consequently, it is contrary to Article 119 of the Treaty if under a supplementary occupational pension scheme a male employee is entitled to claim a company pension only at a higher age than a female employee in the same situation owing to the setting of different retirement ages for men and women.
2. Article 119 applies directly to all forms of discrimination which may be identified solely with the aid of the criteria of equal work and equal pay referred to by that article, without national or Community measures being required to define them with greater precision in order to permit their application.
Since with the aid of the constitutive elements of the pay in question and of the criteria laid down in Article 119 discrimination may be directly identified as arising from the setting of different retirement ages for men and women in the matter of company pensions, the worker discriminated against may, notwithstanding the provisions of Directive 86/378, assert his rights to payment of the company pension at the same age as his female counterpart and any reduction in the event of early departure from the service of the undertaking must be calculated on the basis of that age.
However, by virtue of the judgment of 17 May 1990 in Case C-262/88 Barber, the direct effect of Article 119 of the Treaty may be relied on in order to claim equal treatment in the matter of occupational pensions only in relation to benefits payable in respect of periods of service subsequent to the date of that judgment, subject to the exception in favour of workers or those claiming under them who have, before that date, initiated legal proceedings or raised an equivalent claim under the applicable national law.
[ Bailii ]
Birds Eye Walls Ltd v Roberts Times, 16 December 1993; C-132/92; [1993] EUECJ C-132/92
16 Dec 1993
ECJ
Discrimination, European
Provisions bridging pension differences were not discriminatory under Art 119 of the Treaty.
[ Bailii ]
Regina v Dyfed County Council Ex Parte S (Minors) Independent, 21 December 1993
21 Dec 1993
QBD
Education, Discrimination
No Judicial Review was available for English speaking children who had allocated to a Welsh speaking school.
1 Citers
Neath v Steeper Times, 21 January 1994; C-152/91; [1993] EUECJ C-152/91
22 Dec 1993
ECJ
Discrimination, European
The use of differing actuarial factors by sex, is not a breach of the EC directive.
Europa 1. Social policy - Male and female workers º Equal pay Applicability to private occupational pension schemes º Finding in the judgment of 17 May 1990 in Case C-262/88 Barber º Effects limited to benefits payable in respect of periods of service subsequent to the date of that judgment º Limitation also covering the value of transfer benefits and lump-sum options (EEC Treaty, Art. 119) 2. Social policy º Male and female workers º Equal pay º Pay º Concept º Employers' contributions paid under funded defined-benefit occupational pension schemes º Excluded (EEC Treaty, Art. 119)
EEC Treaty 119
[ Bailii ]
