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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: 2000 To: 2000

This page lists 218 cases, and was prepared on 27 May 2018.

 
Chief Constable of the RUC v A [2000] NI 261
2000
CANI
Carswell LCJ
Northern Ireland, Discrimination
The court set down tests for what was 'less favourable treatment' under the Act. The court had to regard as relevant those circumstances on which a reasonable person would place some weight in determining how to treat another.
Fair Employment (Northern Ireland) Act 1976
1 Citers



 
 Hallam and Another v Avery and Another; CA 7-Jan-2000 - Gazette, 07 January 2000; Times, 07 February 2000; [2000] 1 WLR 966
 
Tanja Kreil v Bundesrepublik Deutschland Times, 22 February 2000; C-285/98; [2000] EUECJ C-285/98
11 Jan 2000
ECJ

Discrimination, European
A provision in national legislation restricting the activities of women in the armed services to medical and military-music service, and restricting them from being involved in any arms bearing capacity, was in breach of the Equal Treatment directive. The Directive allowed exception for specified activities in which by their nature or context the sex of the worker was a determinative factor. That was not the case here. A member had a general discretion as to how it organised its armed forces, but that was still within European Community law. The Directive did not allow exclusion over all the activities in an organisation.
Council Directive 76/207 2(2) 2(3)
[ Bailii ]

 
 Murphy v Sheffield Hallam University; EAT 11-Jan-2000 - EAT/6/99; [2000] EAT 6_99_1101
 
Awaekpo v St Mary's Hosptial NHS Trust [2000] UKEAT 610_99_1201
12 Jan 2000
EAT

Employment, Discrimination

1 Cites

[ Bailii ]
 
Colt Group Ltd v Couchman EAT/785/99; [2000] UKEAT 785_99_1201
12 Jan 2000
EAT
The Honourable Mr Justice Charles
Discrimination, Employment
EAT Disability Discrimination - Reasonable adjustments.
[ EAT ] - [ Bailii ]
 
Ms Elaine Grimes v Strathclyde Fire Brigade EAT/801/00
17 Jan 2000
EAT
The Honourable Lord Johnston
Discrimination
EAT Sex Discrimination - Direct.
[ EATn ]
 
Elaine Grimes v Strathclyde Fire Brigade EAT/801/00
17 Jan 2000
EAT
The Honourable Lord Johnston
Discrimination
EAT Sex Discrimination - Direct
1 Cites

1 Citers


 
D C D'Souza v Sir H Ouseley, London Borough of Lambeth EAT/28/99; EAT/233/99
25 Jan 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Sex Discrimination - Victimisation.
[ EATn ]
 
Shand v Leicestershire County Council and Another [2001] EWCA Civ 226
26 Jan 2000
CA

Discrimination

1 Cites

1 Citers

[ Bailii ]
 
Unwin v Sackville School and Another [2000] UKEAT 1068_98_0102
1 Feb 2000
EAT
Peter Clarke HHJ
Employment, Discrimination
The question is whether, a full Employment Tribunal having been empanelled to hear and determine the appellant, Mrs Unwin's complaint of victimisation contrary to the Sex Discrimination Act 1975, the Chairman of that Employment Tribunal, Mr Rich, was entitled to strike out the complaint under Rule 13(2)(e) of the Employment Tribunal Rules of Procedure and thereafter to make a consequent costs order against the appellant, sitting alone.
Sex Discrimination Act 1975
1 Cites

[ Bailii ]
 
British Gas Trading Ltd and Another v Clarke [2000] UKEAT 1367_99_0102
1 Feb 2000
EAT
Wilson HHJ
Employment, Discrimination

[ Bailii ]
 
British Broadcasting Corporation, G Mclellan v A H Jiad (Al Timimi) EAT/1014/98
3 Feb 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Race Discrimination - Victimisation.
[ EATn ]
 
Mahlburg v Land Mecklenberurg-Vorpommern Cas Times, 17 February 2000; C-207/98; [2000] EUECJ C-207/98
3 Feb 2000
ECJ

Discrimination, Employment, European
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.
Equal Treatment Directive (76/207/EEC)
[ Bailii ]
 
British Broadcasting Corporation, G Mclellan v A H Jiad (Al Timimi) EAT/1014/98
3 Feb 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Race Discrimination - Victimisation


 
 Glasgow City Council and Others v Marshall and Others; HL 8-Feb-2000 - Times, 08 February 2000; Gazette, 17 February 2000; [2000] UKHL 5; [2000] 1 WLR 333; [2000] ICR 196; [2002] IRLR 272
 
J Smith v Zeneca (Agrochemicals) Ltd EAT/1450/98
9 Feb 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Sex Discrimination - Victimisation.
[ EATn ]
 
the Post Office v S C Jones EAT/83/99
9 Feb 2000
EAT
The Honourable Mr Justice Holland
Discrimination
EAT Disability Discrimination - Reasonable adjustments.
[ EATn ]
 
the Post Office v S C Jones EAT/83/99; [2001] IRLR 384
9 Feb 2000
EAT
The Honourable Mr Justice Holland
Discrimination
EAT Disability Discrimination - Adjustments
1 Citers


 
Post Office v Jones [2000] EAT 83_99_0902
9 Feb 2000
EAT

Employment, Discrimination

Disability Discrimination Act 1995
1 Cites

[ Bailii ]
 
J Smith v Zeneca (Agrochemicals) Ltd EAT/1450/98
9 Feb 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Sex Discrimination - Victimisation

 
Deutsche Telekom AG v Schroder [2002] 2 CMLR 25; [2000] EUECJ C-50/96; [2000] IRLR 353; [2000] ECR I-743
10 Feb 2000
ECJ

Discrimination
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
[ Bailii ]
 
C Aniedobe v London Borough of Hammersmith and Fulham EAT/481/98
11 Feb 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Race Discrimination - Direct
[ EATn ]
 
C Aniedobe v London Borough of Hammersmith and Fulham EAT/481/98
11 Feb 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Race Discrimination - Direct
The appellant challenged dismissal of his claim for race discrimination.
1 Cites


 
Pamela Jane Geddes v Central Regional Council, Falkirk Council, Stirling Council EAT/1079/99
17 Feb 2000
EAT
The Honourable Lord Johnston
Discrimination
EAT Sex Discrimination - Others

 
Enderby v Frenchay Health Authority and Secretary of State for Health etc Times, 29 February 2000; [2000] EWCA Civ 45; [2000] IRLR 257; [2000] ICR 612
17 Feb 2000
CA
Roch, Ward, Gage LJJ
Discrimination
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.
EU Treaty 119
1 Cites

1 Citers

[ Bailii ]
 
Pamela Jane Geddes v Central Regional Council, Falkirk Council, 3) Stirling Council EAT/1079/99
17 Feb 2000
EAT
The Honourable Lord Johnston
Discrimination
EAT Sex Discrimination - Others
[ EATn ]

 
 Regina v Secretary of State For Employment Ex Parte Seymour-Smith and Another (No 2); HL 17-Feb-2000 - Gazette, 02 March 2000; [2000] UKHL 12; [2000] 1 All ER 857; [2000] 1 WLR 435; [2000] ICR 244
 
Dr V Leavers v The Victoria University of Manchester EAT/167/99; [2000] EAT 167_99_2102
21 Feb 2000
EAT
His Honour Judge Peter Clark
Discrimination, Employment
EAT Sex Discrimination - Direct
EAT Sex Discrimination - Direct
1 Cites

[ EATn ] - [ Bailii ]

 
 Nabadda and Others v Westminster City Council; Gomilsek v Haringey London Borough Council; CA 24-Feb-2000 - Gazette, 24 February 2000; Times, 15 March 2000

 
 Chief Constable of West Yorkshire Police and Others v Khan; CA 24-Feb-2000 - Times, 15 March 2000; [2000] EWCA Civ 53; [2000] ICR 1169
 
Yh Training Services Ltd v S M Sellers EAT/136/99
25 Feb 2000
EAT
His Honour Judge D Pugsley
Discrimination
EAT Sex Discrimination - Direct

 
T G Harris v The Post Office (Royal Mail) EAT/171/99
25 Feb 2000
EAT
The Honourable Mr Justice Burton
Discrimination, Damages
EAT Sex Discrimination - Injury to Feelings
The applicant, a homosexual, was humiliated at work by his fellow employees, and management failed to deal with his complaint. He succeeded in his claim for unfair dismissal oin the basis that the employer's behaviour amounted to constructive dismissal. The employer also did not contest the allegation that the behaviour amounted to sex discrimination since such behaviour would not have been tolerated toward a woman. The remaining issue was as to damages, awarded at £11,000. Held: The award, applying Johnson, was if anything more generous than might be awarded in a pesonal injury case, even allowing any element of aggravated damages. The calculation of special damages may have been open to criticism, but had arrived at a proper figure. Appeal dismissed.
1 Cites


 
T G Harris v the Post Office (Royal Mail) EAT/171/99
25 Feb 2000
EAT
The Honourable Mr Justice Burton
Discrimination
EAT Sex Discrimination - Injury to feelings.
[ EATn ]
 
Yh Training Services Ltd v S M Sellers EAT/136/99
25 Feb 2000
EAT
His Honour Judge D Pugsley
Discrimination
EAT Sex Discrimination - Direct
[ EATn ]
 
Clarke v Mediguard Services Ltd [2000] NIECA 2
25 Feb 2000
CANI
Carswell LCJ
Northern Ireland, Employment, Discrimination
Appeal by way of case stated against the decision of an industrial tribunal whereby it dismissed the appellant's claim against the respondent for compensation for sex discrimination and/or victimisation. The net issue in the appeal is whether an employee who has brought a complaint of such treatment against her employer is entitled to pursue it against him when she has come to a settlement with the transferee employer who has succeeded to his liabilities in consequence of a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 1981 apply.
[ Bailii ]
 
Patefield v Belfast City Council [2000] NIECA 4
25 Feb 2000
CANI
Carswell LCJ
Northern Ireland, Discrimination
Appeal by way of case stated from the decision of an industrial tribunal whereby it found that the respondent had been discriminated against by the appellant Belfast City Council under Article 12 of the 1976 Order, by failing to make her former post available to her on her return from absence on account of maternity, and made an award of compensation in her favour. The appeal raises issues relating to the rights and remedies of temporary contract workers against the persons or bodies for whom they carry out work when sent by their agencies.
Sex Discrimination (Northern Ireland) Order 1976
[ Bailii ]
 
Gbaja-Biamila v DHL International (Uk) Ltd and others EAT/1224/98; [2000] UKEAT 1224_98_0103
1 Mar 2000
EAT
Mr Justice Lindsay (President)
Discrimination, Employment
EAT Race Discrimination - Injury to Feelings
EAT Race Discrimination - Injury to feelings.
1 Cites

1 Citers

[ EATn ] - [ Bailii ]
 
Ice Hockey Super League Limited v S Henry EAT/1167/99
2 Mar 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Race Discrimination - Direct

 
Ice Hockey Super League Limited v S Henry EAT/1167/99
2 Mar 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Race Discrimination - Direct
[ EATn ]
 
A R Lindsay v Alliance and Leicester Plc EAT/1317/98
3 Mar 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Race Discrimination - Victimisation.
[ EAT ]
 
S Fletcher v Railtrack Plc EAT/1045/98 & EAT/61
9 Mar 2000
EAT
The Honourable Mr Justice Burton
Discrimination
EAT Sex Discrimination - Direct
[ EATn ]
 
S Fletcher v Railtrack Plc EAT/1045/98
9 Mar 2000
EAT
The Honourable Mr Justice Burton
Discrimination
EAT Sex Discrimination - Direct

 
Regina v Powys County Council, Ex Parte Hambidge (No 2) Times, 16 March 2000
16 Mar 2000
CA

Health, Benefits, Local Government, Discrimination
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 differentiation did not amount to disability discrimination. The differences arose form the different levels of benefits paid to those asking for these services.
Disability Discrimination Act 1995 20 - National Health Service Community Care Act 1990
1 Cites


 
Ms M Gillespie v St Martins Hospital Group (Devonshire Hospital) EAT/1348/98 , EAT/1417/98
20 Mar 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
EAT Disability Discrimination - Jurisdiction.
[ EATn ]
 
M Gillespie v St Martins Hospital Group (Devonshire Hospital) EAT/1417/98; EAT/1348/98
20 Mar 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
EAT Disability Discrimination - Jurisdiction

 
K Preston v Johnston and Johnston T/A Tom Henry's Restaurant EAT/389/99
22 Mar 2000
EAT
He Honourable Mr Justice Burton
Discrimination
EAT Sex Discrimination - Others

 
K Preston v Johnston and Johnston T/A Tom Henry's Restaurant EAT/389/99
22 Mar 2000
EAT
The Honourable Mr Justice Burton
Discrimination
EAT Sex Discrimination - (no sub-topic).
[ EATn ]
 
C Taylor v Lifesign Limited (In Liquidation) EAT/1437/98
23 Mar 2000
EAT
His Honour Judge Harold Wilson
Discrimination
EAT Disability Discrimination - Other

 
Ms C Taylor v Lifesign Limited (In Liquidation) EAT/1437/98
23 Mar 2000
EAT
His Honour Judge Harold Wilson
Discrimination
EAT Disability Discrimination - Other.
[ EATn ]
 
London Borough of Camden v Ms C L Pullen EAT/190/99
27 Mar 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Sex Discrimination - Direct
[ EATn ]
 
London Borough of Camden v C L Pullen EAT/190/99
27 Mar 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Sex Discrimination - Direct


 
 Deutsche Telekom Ag v Vick and Another; Same v Schroder; Deutsche Post Ag v Sievers and Another; ECJ 28-Mar-2000 - Times, 28 March 2000; Case C-50/96; C-271/97; C-270/9; C-234/96; [2000] EUECJ C-271/97; [2000] EUECJ C-234/96
 
Lewisham and Guys Mental Health NHS Trust v Andrews (Deceased) Times, 28 March 2000; Gazette, 14 April 2000
28 Mar 2000
CA

Discrimination
An action for damages for race discrimination survived the death of the complainant, and could be prosecuted by the complainant's personal representatives. The statutes which applied were different from those in other discrimination cases. However the Law Reform (Miscellaneous Provisions) Act 1934 provided that any cause of action except defamation should survive the death of the complainant. There was no sufficient reason to distinguish between an action brought in the County Courts, and one begun in the employment tribunal.
Race Relations Act 1976 - Law Reform (Miscellaneous Provisions) Act 1934

 
Georg Badeck and Others, interveners: Hessische Ministerprasident and Landesanwalt beim Staatsgerichtshof des Landes Hessen Times, 31 March 2000; C-158/97; [2000] EUECJ C-158/97
28 Mar 2000
ECJ

Discrimination, European
Steps taken which amounted to positive discrimination by a national body need not always amount to unlawful discrimination. The steps should be taken to correct a present imbalance, and should not give automatic and unconditional priority where the applicants had equal qualifications, and where all the personal characteristics of the applicants were recognised and allowed for.
Europa Social policy - Men and women - Access to employment and working conditions - Equal treatment - Derogations - Measures to promote equality of opportunity between men and women - National provisions laying down measures for the promotion of women in sectors of the public service - Permissible - Criterion - Article 2(1) and (4) 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 does not preclude a national rule which - in sectors of the public service where women are under-represented, gives priority, where male and female candidates have equal qualifications, to female candidates where that proves necessary for ensuring compliance with the objectives of the women's advancement plan, if no reasons of greater legal weight are opposed, provided that that rule guarantees that candidatures are the subject of an objective assessment which takes account of the specific personal situations of all candidates, - prescribes that the binding targets of the women's advancement plan for temporary posts in the academic service and for academic assistants must provide for a minimum percentage of women which is at least equal to the percentage of women among graduates, holders of higher degrees and students in each discipline, - in so far as its objective is to eliminate under-representation of women, in trained occupations in which women are under-represented and for which the State does not have a monopoly of training, allocates at least half the training places to women, unless despite appropriate measures for drawing the attention of women to the training places available there are not enough applications from women, - where male and female candidates have equal qualifications, guarantees that qualified women who satisfy all the conditions required or laid down are called to interview, in sectors in which they are under-represented, - relating to the composition of employees' representative bodies and administrative and supervisory bodies, recommends that the legislative provisions adopted for its implementation take into account the objective that at least half the members of those bodies must be women.
Council Directive 76/207/EEC
[ Bailii ]
 
Allonby v Accrington and Rossendale College EAT/1080/98; EAT/1300/97; [2000] UKEAT 1300_97_2903
29 Mar 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination, Employment, European, Discrimination
EAT Sex Discrimination - Indirect - European Material - Article 19.
EAT European Material - Article 19
EAT Equal Pay Act - (no sub-topic).
Equal Treatment Directive (Council Directive 76/207/EEC
1 Cites

1 Citers

[ EAT ] - [ EAT ] - [ Bailii ]
 
Allonby v Accrington and Rossendale College EAT/1080/98; EAT/1300/97; [2000] UKEAT 1300_97_2903
29 Mar 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination, Employment, European, Discrimination
EAT Sex Discrimination - Indirect - European Material - Article 19.
EAT European Material - Article 19
EAT Equal Pay Act - (no sub-topic).
Equal Treatment Directive (Council Directive 76/207/EEC
1 Cites

1 Citers

[ EAT ] - [ EAT ] - [ Bailii ]
 
Hm Prison Service and others v S Davis EAT/1294/98
29 Mar 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
EAT Sex Discrimination - Direct

 
Hm Prison Service and others v S Davis EAT/1294/98
29 Mar 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
EAT Sex Discrimination - Direct
[ EATn ]
 
Heggison v A and W Bernard [2000] UKEAT 1276_99_3003
30 Mar 2000
EAT
Lord Johnston
Employment, Discrimination
The appellant employee seeks to challenge a decision of the Employment Tribunal dismissing his claim for disability discrimination in relation to his dismissal from his employment with the respondents.
[ Bailii ]
 
Iain Heggison v A and W Bernard EAT/1276/99
30 Mar 2000
EAT
The Honourable Lord Johnston
Discrimination
EAT Disability Discrimination - Disability

 
Iain Heggison v A and W Bernard EAT/1276/99
30 Mar 2000
EAT
The Honourable Lord Johnston
Discrimination
EAT Disability Discrimination - Disability.
[ EATn ]
 
Ms A Mcdonald v London Borough of Ealing EAT/406/99
3 Apr 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Disability Discrimination - Reasonable adjustments.
[ EATn ]
 
J Thornhill v London Central Bus Co Ltd EAT/463/99
3 Apr 2000
EAT
The Honourable Mr Justice Burton
Discrimination
EAT Disability Discrimination - Disability

 
J Thornhill v London Central Bus Co Ltd EAT/463/99
3 Apr 2000
EAT
The Honourable Mr Justice Burton
Discrimination
EAT Disability Discrimination - Disability.
[ EATn ]
 
A Mcdonald v London Borough of Ealing EAT/406/99
3 Apr 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Disability Discrimination - Adjustments

 
TNT Express Worldwide (Uk) Ltd v Victor Brown [2000] EWCA Civ 103
4 Apr 2000
CA

Discrimination, Employment

[ Bailii ]

 
 Thlimmenos v Greece; ECHR 6-Apr-2000 - 34369/97; (2001) 31 EHRR 411; [2000] ECHR 162; (2001) 31 EHRR 15; (2001) 31 EHRR 15; 9 BHRC 12; ECHR 2000-IV
 
Abbey Life Assurance Company Limited v C Tansell [2000] EWCA Civ 107
6 Apr 2000
CA

Discrimination

[ Bailii ]
 
Jorgensen v Foreningen Speciallaeger and another C-226/98; [2000] ECR 1-2447; [2000] IRLR 726; [2000] EUECJ C-226/98
6 Apr 2000
ECJ

European, Discrimination
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)."
1 Citers

[ Bailii ]
 
Heather Pottage v Stonham Housing Association Ltd EAT/935/99
6 Apr 2000
EAT
Mr Commissioner Howell QC
Discrimination
EAT Disability Discrimination - Disability

 
Heather Pottage v Stonham Housing Association Ltd EAT/935/99
6 Apr 2000
EAT
Mr Commissioner Howell Qc
Discrimination
EAT Disability Discrimination - Disability.
[ EATn ]
 
S Pearce v The Governing Body of Mayfield Secondary School Times, 19 April 2000; EAT/675/99
7 Apr 2000
EAT
The Honourable Mr Justice Burton
Discrimination, Employment
Abuse which was directed at a homosexual teacher by students, where the abuse was directed at that homosexuality, but was gender specific rather than non-gender specific, ('dyke' and lesbian' rather than 'gay') was not itself sex discrimination. The Act protects against abuse which is on the basis of sex, but does not not protect against abuse or discrimination for sexual orientation.
EAT Sex Discrimination - Direct
Sex Discrimination Act 1975
1 Cites

1 Citers

[ EATn ]
 
M K Alabaster v Woolwich Plc, the Secretary of State for Social Security Times, 19 April 2000; EAT/558/99; [2000] ICR 1037
7 Apr 2000
EAT
His Honour Judge Peter Clark
Discrimination, Employment
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 not it had been backdated, and whether or not it was granted after her return to work. The Gillespie case was not so limited, and the regulations should not be either.
Statutory Maternity Pay (General) Regulations 1986 (1986 No 1960)
1 Cites

1 Citers


 
Andrew Morgan v London Borough of Islington EAT/13/00
10 Apr 2000
EAT
Mr Justice Hooper
Discrimination
EAT Disability Discrimination - Reasonable adjustments.
[ EATn ]
 
Mcdonagh (Sued on Her Own Behalf and on Behalf of All Other Members of the Labour Party) v Z Ali H S Sohal EAT/1386/00; [2001] UKEAT 1386_00_1004
10 Apr 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination, Employment, Discrimination
The applicants were suspended from membership of the Labour party. As a result they were unable to stand for election as councillors. They alleged racial discrimination. Held: The position as councillor fell within the Act, and the claim for discrimination had been properly allowed. The Act should be interpreted sufficiently widely to provide a remedy for the ill it sought to cure.
EAT Race Discrimination - Jurisdiction
Race Relations Act 1976 12
1 Cites

1 Citers

[ Bailii ] - [ EATn ]
 
Mcdonagh (Sued on Her Own Behalf and on Behalf of All Other Members of the Labour Party) v Z Ali H S Sohal EAT/1386/00; [2001] UKEAT 1386_00_1004
10 Apr 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination, Employment, Discrimination
The applicants were suspended from membership of the Labour party. As a result they were unable to stand for election as councillors. They alleged racial discrimination. Held: The position as councillor fell within the Act, and the claim for discrimination had been properly allowed. The Act should be interpreted sufficiently widely to provide a remedy for the ill it sought to cure.
EAT Race Discrimination - Jurisdiction
Race Relations Act 1976 12
1 Cites

1 Citers

[ Bailii ] - [ EATn ]
 
Andrew Morgan v London Borough of Islington EAT/13/00
10 Apr 2000
EAT
Mr Justice Hooper
Discrimination
EAT Disability Discrimination - Adjustments

 
Deliege v Ligue Francophone De Judo et Disciplines Associees Asbl and Others Times, 19 April 2000; C-51/96; C-191/97; [2000] ECR I-2549; [2000] EUECJ C-191/97; [2000] EUECJ C-51/96
11 Apr 2000
ECJ

European, Discrimination
It was not an unlawful discriminatory provision to restrict those who might take part in professional sports activities in another member state to be first authorised or selected by their own national federation where such competition was not on a national representative team level. If it was derived from a proper need inherent in the organisation of such a competition it could be proper. A selection system might favour some athletes over others, but need not constitute a restriction on the provision of services: "a rule requiring professional or semi-professional athletes or persons aspiring to take part in a professional or semi-professional activity to have been authorised or selected by their federation in order to be able to participate in a high-level international sports competition, which does not involve national teams competing against each other, does not in itself, as long as it derives from a need inherent in the organisation of such a competition, constitute a restriction on the freedom to provide services prohibited by Article 49 (ex 59) of the Treaty."
ECTreaty Art 234 49
1 Citers

[ Bailii ] - [ Bailii ]
 
B D Jones v Ics Cleaning Services Ltd K Trigg EAT/811/99
11 Apr 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
EAT Sex Discrimination - Direct

 
B D Jones v 1) Ics Cleaning Services Ltd 2) K Trigg EAT/811/99
11 Apr 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
EAT Sex Discrimination - Direct
[ EATn ]

 
 Perceval-Price, and others v Department of Economic Development etc; CANI 12-Apr-2000 - Times, 28 April 2000; [2000] NICA 9; [2000] NIECA 9; [2000] IRLR 380
 
Crofton v Yeboah and Another [2000] EAT 24_99_1704
17 Apr 2000
EAT

Employment, Discrimination

1 Cites

[ Bailii ]
 
D Canniffe v East Riding of Yorkshire Council EAT/1035/98; [2000] UKEAT 1035_98_1704
17 Apr 2000
EAT
The Honourable Mr Justice Burton
Discrimination, Employment
In applying the statutory test of reasonable practicality, "We are satisfied that the proper approach is: 1. to identify whether the respondent took any steps at all to prevent the employee, for where it is vicariously liable, from doing the act or acts complained of in the course of his employment; 2. having identified what steps, if any, they took to consider whether there were any further acts, that they could have taken, which were reasonably practicable. The question as to whether the doing of any such acts would in fact have been successful in preventing the acts of discrimination in question may be worth addressing, and may be interesting to address, but are not determinative either way. On the one hand, the employer, if he takes steps which are reasonably practicable, will not be inculpated if those steps are not successful; indeed, the matter would not be before the court if the steps had been successful, and so the whole availability of the defence suggests the necessity that someone will have committed the act of discrimination, notwithstanding the taking of reasonable steps; but on the other hand, the employer will not be exculpated if it has not taken reasonable steps simply because if he had taken those reasonable steps they would not have led anywhere or achieved anything or in fact prevented anything from occurring."
EAT Disability Discrimination - Reasonable adjustments.
1 Cites

1 Citers

[ EATn ] - [ Bailii ]
 
TNT Express Worldwide (UK) Ltd v Brown Times, 18 April 2000; Gazette, 18 May 2000; [2001] ICR 182
18 Apr 2000
CA

Discrimination, Employment
An employee pursuing a claim of racial discrimination against his employers requested time off to see his adviser on the claim. The company refused, he took the time off, and was later dismissed. Since the company normally allowed on short notice short periods of absence for domestic reasons, to refuse because he was pursuing a claim was victimisation, and the dismissal was unfair. The correct comparator group was not determined by looking at the reason behind the request, but at the nature of what was requested.
Race Relations Act 1976
1 Citers



 
 MHC Consulting Services Ltd v Tansell; CA 19-Apr-2000 - Times, 19 April 2000; Gazette, 11 May 2000
 
Cornwell v United Kingdom; Leary v United Kingdom Times, 10 May 2000; 36578/97; (2000) 27 EHRR CD62; [2000] ECHR 167; [2000] ECHR 168
25 Apr 2000
ECHR

Human Rights, Benefits, Discrimination
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.
1 Citers

[ Bailii ] - [ Bailii ]
 
ICTS (UK) Ltd, B Tchoula v B Tchoula, ICTS (UK) Ltd EAT/1108/99; EAT/1107/99; [2000] IRLR 643
4 May 2000
EAT
His Honour Judge Peter Clark
Discrimination, Damages, Employment
EAT Race Discrimination - Injury to Feelings
EAT Race Discrimination - Injury to feelings.
1 Cites

1 Citers

[ EATn ]
 
Gittins v Oxford Radcliffe NHS Trust EAT/193/99
4 May 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Disability Discrimination - Disability.
[ EAT ]
 
Gittins v Oxford Radcliffe NHS Trust EAT/193/99
4 May 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Disability Discrimination - Disability


 
 Taylor v Secretary of State for Scotland; HL 11-May-2000 - Times, 12 May 2000; [2000] UKHL 28
 
Obasa v Unison EAT/857/98; [2000] UKEAT 857_98_1205
12 May 2000
EAT
The Honourable Mr Justice Charles
Discrimination, Employment
EAT Race Discrimination - Direct
1 Cites

[ EATn ] - [ Bailii ]
 
Preston and Others v Wolverhampton Healthcare NHS Trust and Others; Fletcher and Others v Midland Bank plc [2001] 2 AC 415; C-78/98; [2000] IRLR 06; [2000] EUECJ C-78/98
16 May 2000
ECJ

European, Discrimination
ECJ Social policy - Men and women - Equal pay - Membership of an occupational pension scheme - Part-time workers - Exclusion - National procedural rules - Principle of effectiveness - Principle of equivalence.
1 Cites

1 Citers

[ Bailii ]
 
Dr J Lynn v Rokeby School Governors, London Borough of Newham EAT/86/99; [2000] EAT 86_99_2305
23 May 2000
EAT
The Honourable Mr Justice Nelson
Employment, Discrimination
EAT Procedural Issues - Employment Appeal Tribunal
EAT Procedural Issues - Employment Appeal Tribunal.
1 Cites

1 Citers

[ EATn ] - [ Bailii ]
 
Hepple and Others v Adjudication Officer Times, 30 May 2000; C-196/98; [2000] EUECJ C-196/98
23 May 2000
ECJ

Discrimination, Benefits, European, European
The payment of differing amounts by way of an earnings allowance to men and women was not discriminatory, where the reason for the difference lay in the differing statutory retirement ages for men and women. The regime for equal treatment for statutory benefits must allow for arrangements to come into effect after the legislation came into effect to reflect historically different treatments.
Social Security Contributions and Benefits Act 1992
[ Bailii ]

 
 Hall v Woolston Hall Leisure Limited; CA 23-May-2000 - Times, 31 May 2000; Gazette, 15 June 2000; [2000] EWCA Civ 170; [2001] ICR 99; [2001] 1 WLR 225; [2000] 4 All ER 787

 
 Sidhu v Aerospace Composite Technology Ltd; CA 26-May-2000 - Times, 21 June 2000; Gazette, 22 June 2000; [2000] EWCA Civ 183

 
 Pedus v Chandler; EAT 26-May-2000 - [2000] EAT 387_99_2605
 
T Ryan v E92 Plus Ltd EAT/960/99
7 Jun 2000
EAT
His Honour Judge Wilcox
Discrimination
EAT Race Discrimination - Direct

 
London Borough of Hammersmith and Fulham G Alltimes v Ms L Ezeonyim EAT/0659/00
7 Jun 2000
EAT
His Honour Judge J Altman
Discrimination
EAT Race Discrimination - Victimisation.
[ EATn ]
 
London Borough of Hammersmith and Fulham, G Alltimes v L Ezeonyim EAT/0659/00
7 Jun 2000
EAT
His Honour Judge J Altman
Discrimination
EAT The claimant had succeeded in his claim for race discrimination. The employer appealed, saying the tribunal had misunderstood its harassment procedure so as to be wrong in law. The claimant complained of a doicument recommending fer for a refernce to the Occupational health Department. The tribunal rejected the claim as to any factual discrimination but found against the employer in its procedures. The respondent had asked the authority to transfer the person about whom she had made the complaint, but this had not happened. The tribunal found that the respondent had not neen offered the protection of the harrassment procedure. The appellant said the tribunal had wrongly thought the procedure required the removal of the party alleged to have committed the harassment. Held: The procedure was permissive only. Though the decision and reasons were not clear, it appeared that the tribunal had erred in the construction of the procedure. The decision was not demonstrably correct, and the case should be remitted.
1 Cites

1 Citers


 
T Ryan v E92 Plus Ltd EAT/960/99
7 Jun 2000
EAT
His Honour Judge Wilcox
Discrimination
EAT Race Discrimination - Direct.
[ EATn ]
 
The Chief Constable of West Yorkshire v Vento EAT/52/00; [2000] UKEAT 52_00_0806; [2001] IRLR 124
8 Jun 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination, Employment
EAT A claim was made for sex discrimination. The tribunal considered the approach to be taken in the absence of a real comparator. Held: The tribunal had been correct to construct an hypothetical comparator. from how the employers treated actual unidentical, but not wholly dissimilar, cases.
"Where there is no evidence as to the treatment of an actual male comparator whose position is wholly akin to the applicant's, a tribunal has to construct a picture of how a hypothetical male comparator would have been treated in comparable surrounding circumstances. Inferences will frequently need to be drawn. One permissible way of judging a question such as that is to see how unidentical but not wholly dissimilar cases were treated in relation to other individual cases. It is not required that a minutely exact actual comparator has to be found. If that were the case then isolated cases of discrimination would almost invariably go uncompensated."
1 Cites

1 Citers

[ EATn ] - [ Bailii ]
 
I Barker v Westbridge International Ltd EAT/1180/98
8 Jun 2000
EAT
His Honour Judge Peter Clark
Discrimination, Employment
EAT Disability Discrimination - Disability
EAT Disability Discrimination - Disability.
Disability Discrimination Act 1995
1 Cites

1 Citers


 
Martin v Goldsobel [2000] UKEAT 381_00_0906
9 Jun 2000
EAT

Employment, Discrimination

1 Citers

[ Bailii ]
 
London Borough of Hammersmith and Fulham v Farnsworth EAT/461/99; [2000] EAT 461_99_1506; [2000] IRLR 691
15 Jun 2000
EAT
The Honourable Mr Justice Charles
Discrimination, Employment
EAT Disability Discrimination - Compensation
1 Cites

1 Citers

[ EATn ] - [ Bailii ]
 
G Banyard v Prudential Assurance Company Ltd EAT/1431/99; [2000] EAT 1431_99_1906
19 Jun 2000
EAT
His Honour Judge Peter Clark
Discrimination, Employment
EAT Disability Discrimination - Adjustments
EAT Disability Discrimination - Reasonable adjustments.
[ EAT ] - [ Bailii ]
 
S Rai v Hertfordshire County Council EAT/1192/98
20 Jun 2000
EAT
Miss Recorder E Slade
Discrimination
EAT Race Discrimination - Victimisation

 
S Rai v Hertfordshire County Council EAT/1192/98
20 Jun 2000
EAT
Miss Recorder E Slade
Discrimination
EAT Race Discrimination - Victimisation.
[ EATn ]
 
C Pharoah v H M Prison Service EAT/1404/99; [2000] UKEAT 1404_99_2006
20 Jun 2000
EAT
The Honourable Mr Justice Maurice Kay
Employment, Discrimination
EAT Procedural Issues - Employment Tribunal
1 Cites

[ EATn ] - [ Bailii ]
 
A Lawrence and Others v Regent Office Care Limited; Commercial Catering Group and Mitie Secure Services Limited [2000] EWCA Civ 196
21 Jun 2000
CA

Employment, Discrimination

1 Cites

1 Citers

[ Bailii ]
 
London Fire and Civil Defence Authority v N Samuels EAT/450/00
22 Jun 2000
EAT
His Hon Judge Clark
Discrimination
EAT Race Discrimination - Indirect.
[ EATn ]
 
H R Porter v London Borough of Camden EAT/212/99
22 Jun 2000
EAT
His Honour Judge David Wilcox
Discrimination
EAT Disability Discrimination - Disability

 
H R Porter v London Borough of Camden EAT/212/99
22 Jun 2000
EAT
His Honour Judge David Wilcox
Discrimination
EAT Disability Discrimination - Disability.
[ EATn ]
 
Torquay Leisure Hotels Ltd v A Peters EAT/25/00
23 Jun 2000
EAT
His Honour Judge David Wilcox
Discrimination
EAT Disability Discrimination - Disability.
[ EATn ]
 
Torquay Leisure Hotels Ltd v A Peters EAT/25/00
23 Jun 2000
EAT
His Honour Judge David Wilcox
Discrimination
EAT Disability Discrimination - Disability

 
O O Atijosan v Lambeth Service Team T/A Team Lambeth EAT/968/99
26 Jun 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Race Discrimination - Victimisation

 
Ms M Ledeatte v London Borough of Tower Hamlets EAT/739/99
26 Jun 2000
EAT
Mr Commissioner Howell Qc
Discrimination
EAT Race Discrimination - Victimisation.
[ EATn ]
 
M Ledeatte v London Borough of Tower Hamlets EAT/739/99
26 Jun 2000
EAT
Mr Commissioner Howell QC
Discrimination
EAT Race Discrimination - Victimisation

 
O O Atijosan v Lambeth Service Team T/A Team Lambeth EAT/968/99
26 Jun 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Race Discrimination - Victimisation.
[ EATn ]
 
Dr R E J Rudzki v Manchester Metropolitian University EAT/640/99
27 Jun 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Disability Discrimination - Adjustments

 
Dr R E J Rudzki v Manchester Metropolitian University EAT/640/99
27 Jun 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Disability Discrimination - Reasonable adjustments.
[ EATn ]
 
Gillian Ann Lockwood v Crawley Warren Group Ltd EAT/1176/99
28 Jun 2000
EAT
The Honourable Mr Justice Maurice Kay
Discrimination
EAT Sex Discrimination - Indirect.
[ EATn ]
 
L Cash v the Ministry of Defence (Royal Navy) EAT/1035/99
3 Jul 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Sex Discrimination - Direct
[ EATn ]
 
L Cash v the Ministry of Defence (Royal Navy) EAT/1035/99
3 Jul 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Sex Discrimination - Direct

 
E Murray v Newham Citizens Advice Bureau EAT/1096/99; EAT/1096/99; [2000] UKEAT 1096_99_0607
6 Jul 2000
EAT
His Honour Judge A Wilkie QC
Discrimination
EAT Disability Discrimination - Jurisdiction
1 Citers

[ EATn ] - [ Bailii ]
 
Sharon Delaney v Nord Anglia International Plc, Kevin Mcneany EAT/0817/00
9 Jul 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
EAT Sex Discrimination - Direct
[ EATn ]
 
Sharon Delaney v Nord Anglia International Plc Kevin Mcneany EAT/0817/00
9 Jul 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
The applicant appealed a decision refusing her complaint against the chairman of the company which employed her. The section requires some positive act by the senior employee, but the tribunal had made no reference to the relevant sections, and they appeared to have erred in law. Nevertheless, for the reasons the issues as against the chairman had been investigated during the later hearing, and it appeared to be disproportionate to refer the matter back.
EAT Sex Discrimination - Direct
Sex Discrimination Act 1975 42 - Employment Rights Act 1996

 
Bedfordshire Police v Liversidge [2000] UKEAT 773_00_1007
10 Jul 2000
EAT

Employment, Discrimination

1 Citers

[ Bailii ]
 
S Blowman v Lumonics Ltd, Mel Smith EAT/1138/99
18 Jul 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
EAT Disability Discrimination - Reasonable adjustments.
[ EATn ]
 
S Blowman v Lumonics Ltd Mel Smith EAT/1138/99
18 Jul 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
EAT Disability Discrimination - Adjustments

 
Kewal Singh Dhariwal v the London Borough of Greenwich EAT/276/96 & EAT/551/96
25 Jul 2000
EAT
The Honourable Mr Justice Keene
Discrimination
EAT Race Discrimination - Direct
[ EATn ]
 
Kewal Singh Dhariwal v The London Borough of Greenwich EAT/551/96; EAT/276/96
25 Jul 2000
EAT
The Honourable Mr Justice Keene
Discrimination
EAT Race Discrimination - Direct

 
L Murgai v Home Office Immigration and Nationality Directorate EAT/866/99; EAT/1365/97
26 Jul 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Race Discrimination - Direct

 
L Murgai v Home Office Immigration and Nationality Directorate EAT/1365/97 & EAT/866/99
26 Jul 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Race Discrimination - Direct
[ EATn ]
 
Ashton v The Chief Constable of West Mercia Constabulary Times, 15 November 2000; EAT/1381/99; [2000] EAT 1381_99_2707
27 Jul 2000
EAT
His Honour Judge Peter Clark
Discrimination, Employment
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 extend liability in this way was to try to take such liability too far.
EAT Disability Discrimination - Disability
Sex Discrimination Act 1975
1 Cites

[ EAT ] - [ Bailii ]

 
 Waters v Commissioner of Police for the Metropolis; HL 27-Jul-2000 - Times, 01 August 2000; Gazette, 12 October 2000; [2000] 1 WLR 1607; [2000] UKHL 50; [2000] IRLR 720
 
B Ayobiojo v The London Borough of Lambeth EAT/852/99
27 Jul 2000
EAT
The Honourable Mr Justice Keene
Discrimination
EAT Race Discrimination - Direct
[ EATn ]

 
 Teo v Chang Hwa Commercial Bank Ltd; EAT 11-Aug-2000 - EAT/209/99
 
Callagan v Glasgow City Council EAT/43/01
28 Aug 2000
EAT
The Honourable Lord Johnston
Scotland, Employment, Discrimination
The employee was a social worker. After being assaulted in the course of his work, his health deteriorated, and eventually he was dismissed. He claimed disability discrimination. An impairment having been found, and the other conditions being net. The only preliminary issue remaining was whether the employer could establish that he had nevertheless acted reasonably. He had. Had the employer made any reasonable adjustment? The tribunal had rejected the evidence of the applicant on this point. In this case the employee had never been fit enough even for that. Appeal refused.
EAT Disability Discrimination - Adjustments
[ EAT ]
 
the London Borough of Ealing v B Garry EAT/799/99
9 Sep 2000
EAT
Mr Recorder Brian Langstaff QC
Discrimination
EAT Race Discrimination - Direct

 
the London Borough of Ealing v B Garry EAT/799/99
9 Sep 2000
EAT
Mr Recorder Brian Langstaff Qc
Discrimination
EAT Race Discrimination - Direct.
[ EATn ]
 
Ms D M Daly v the Caribbean Golden Age Association EAT/1329/00
18 Sep 2000
EAT
Her Honour Judge A Wakefield
Discrimination
EAT Sex Discrimination - Direct
[ EATn ]
 
D M Daly v The Caribbean Golden Age Association EAT/1329/00
18 Sep 2000
EAT
Her Honour Judge A Wakefield
Discrimination
EAT Sex Discrimination - Direct

 
MacDonald v Ministry of Defence [2000] UKEAT 0121_00_1909; [2001] ICR 1; [2001] Emp LR 105; [2001] HRLR 5; [2000] IRLR 748; [2001] 1 All ER 620
19 Sep 2000
EAT
Lotd Johnston
Employment, Discrimination, Human Rights
The appellant, a homosexual, appealed against rejection of his claims for sex discrimination and sexual harassment.
Equal Treatment Directive 76/207/EEC - Sex Discrimination Act 1975 86
[ Bailii ]
 
MacDonald v Ministry of Defence [2000] UKEAT 0121_00_1909; [2001] ICR 1; [2001] Emp LR 105; [2001] HRLR 5; [2000] IRLR 748; [2001] 1 All ER 620
19 Sep 2000
EAT
Lord Johnston J
Employment, Discrimination
Appeal against rejection of claims for sexual harassment and sex discrimination.
Equal Treatment Directive 76/207/EEC - Sex Discrimination Act 1975 6
[ Bailii ]

 
 Regina v South Bank University, Ex Parte Coggeran; CA 19-Sep-2000 - Times, 19 September 2000; Gazette, 19 October 2000
 
Macdonald v Ministry of Defence EAT/121/00
19 Sep 2000
EAT
The Honourable Lord Johnston
Discrimination, Employment
EAT Sex Discrimination - Direct
1 Citers

[ EATn ]
 
Gus Home Shopping Ltd v E Green C Mclaughlin EAT/994/99
27 Sep 2000
EAT
His Honour Judge A Wilkie QC
Discrimination
EAT Sex Discrimination - Direct

 
Gus Home Shopping Ltd v E Green, C Mclaughlin EAT/994/99
27 Sep 2000
EAT
His Honour Judge A Wilkie Qc
Discrimination
EAT Sex Discrimination - Direct
[ EAT ]
 
Derby Specialist Fabrication Ltd v J N Burton EAT/1139/99; EAT/817/99; [2001] ICR 833; [2001] IRLR 69; [2000] UKEAT 817_99_2809; [2001] 2 All ER 840
27 Sep 2000
EAT
The Honourable Mr Justice Keene
Discrimination, Employment
Race Discrimination - Direct. After dealing with the arguments based on the history of the various statutes: "Whether the employer deliberately dismisses the employee on racial grounds or he so acts as to repudiate the contract by racially discriminatory conduct, which repudiation the employee accepts, the end result is the same, namely the loss of employment by the employee. Why should Parliament be taken to have distinguished between these two situations?"
Constructive dismissal came within the term 'dismissal', as used in section 4(2)(c). There was no reason to give the word 'dismissal' a narrow meaning so as to exclude constructive dismissal: "We can see some force in the reasoning in Harrold, but in the end we are not persuaded by it. There may be a number of reasons why Parliament chose to make an amendment to the Sex Discrimination Act 1975, not least its wish to ensure that there could [be] no doubt whatsoever about the Act's compliance with Community law, as the judgment in Harrold indicates. It cannot be taken as an indication by Parliament that, in other legislation with which it was not dealing, 'dismissal' was to be given a restricted meaning. We emphasis that because, if one approaches the meaning of 'dismissal' in the Race Relations Act without that extraneous influence, there is no reason why it should be so construed as to exclude constructive dismissal. Whether the employer deliberately dismisses the employee on racial grounds or he so acts to repudiate the contract by racially discriminatory conduct, which repudiation the employee accepts, the end result is the same, namely the loss of employment by the employee. Why should Parliament be taken to have distinguished between these two situations?"
Race Relations Act 1976
1 Citers

[ EAT ] - [ Bailii ]
 
British Gas Services Ltd v McCaull EAT/379/99; [2000] EAT 379_99_2809; [2001] IRLR 60
28 Sep 2000
EAT
The Honourable Mr Justice Keene
Discrimination
EAT Disability Discrimination - Adjustments
1 Cites

1 Citers

[ EATn ] - [ Bailii ]
 
Westmount Housing Association 2) J Silverman, 3) T Silverman v T Hughes EAT/0998/00
2 Oct 2000
EAT
His Honour Judge J R Reid Qc
Discrimination
EAT Race Discrimination - Direct
[ EATn ]
 
Westmount Housing Association J Silverman, T Silverman v T Hughes EAT/0998/00
2 Oct 2000
EAT
His Honour Judge J R Reid QC
Discrimination
EAT Race Discrimination - Direct

 
Coutts and Co, S Davis v S Davis, Coutts and Co EAT/938/99; EAT/306/99
9 Oct 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
EAT Disability Discrimination - Disability

 
Coutts and Co, S Davis v S Davis, Coutts and Co EAT/306/99 , EAT/938/99, EAT/
9 Oct 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
EAT Disability Discrimination - Disability.
[ EATn ]
 
Desmond A Quinn v Schwarzkopf Ltd EAT/409/00; [2001] IRLR 67
10 Oct 2000
EAT
The Honourable Lord Johnston
Discrimination
EAT Disability Discrimination - Disability
1 Cites

1 Citers

[ EATn ]
 
Lander Carlisle Ltd v T A Highfield EAT/953/99
19 Oct 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Sex Discrimination - Direct
[ EATn ]
 
Abadeh v British Telecommunications Plc EAT/1124/99; [2001] IRLR 23; [2001] Emp LR 440; [2001] ICR 156; [2000] UKEAT 1124_99_1910
19 Oct 2000
EAT
The Honourable Mr Justice Nelson
Discrimination, Employment
EAT The claimant appealed dismissal of his claim under the 1995 Act. He was a telephone operator injured after a sudden shriek in his ear. They had found him not to be disabled within the 1995 Act. Held: The appeal succeeded. The tribunal had carefully considered medical evidence provided by the defendant before deciding themselves on the condition. They had not delegated their decision to her, but had been overly influenced by the doctor's opinion as to whether or not the impairments were substantial under the Act and in effect adopted her assessment instead of making their own of that issue. The tribunal had incorrectly discounted the medical treatment received by the claimant. The tribunal had also erred in finding that travelling on the underground and by airplane were not normal day to day activities.
Disability Discrimination Act 1995 1(1)
1 Cites

[ EATn ] - [ Bailii ]
 
Lander Carlisle Ltd v T A Highfield EAT/953/99
19 Oct 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Sex Discrimination - Direct

 
v Edomi v the London Borough of Hackney EAT/1002/97
19 Oct 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Race Discrimination - Direct

 
v Edomi v the London Borough of Hackney EAT/1002/97
19 Oct 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Race Discrimination - Direct
[ EATn ]
 
P Fasuyi v London Borough of Greenwich EAT/1078/99
20 Oct 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
EAT Race Discrimination - Other

 
P Fasuyi v London Borough of Greenwich EAT/1078/99
20 Oct 2000
EAT
The Honourable Mr Justice Lindsay (President)
Discrimination
EAT Race Discrimination - Other
[ EATn ]
 
M Crowe v The London Borough of Enfield EAT/1254/99
26 Oct 2000
EAT
His Honour Judge J R Reid QC
Discrimination
EAT Race Discrimination - Direct

 
M Crowe v the London Borough of Enfield EAT/1254/99
26 Oct 2000
EAT
His Honour Judge J R Reid Qc
Discrimination
EAT Race Discrimination - Direct
[ EATn ]
 
P Gibson v British Gas Energy Centres Ltd EAT/668/98
1 Nov 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Sex Discrimination - Direct

 
P Gibson v British Gas Energy Centres Ltd EAT/668/98
1 Nov 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Sex Discrimination - Direct
[ EATn ]
 
Cruickshank v VAW Motorcast Ltd [2000] UKEAT 645_00_0111; [2002] ICR 729
1 Nov 2000
EAT
Lord Johnston
Employment, Discrimination
The relevant date for determining whether discrimination exists is the date of the alleged discrimination.
Disability Discrimination Act 1995
1 Citers

[ Bailii ]
 
The Aaroncare Partnership v T Davies EAT/280/99
7 Nov 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Sex Discrimination - Victimisation.
[ EATn ]
 
A Akinoshun v Shaftesbury Housing Group EAT/443/99
7 Nov 2000
EAT
His Honour Judge H Wilson
Discrimination
EAT Sex Discrimination - Others
[ EATn ]
 
The Aaroncare Partnership v T Davies EAT/280/99
7 Nov 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Sex Discrimination - Victimisation

 
A Akinoshun v Shaftesbury Housing Group EAT/443/99
7 Nov 2000
EAT
His Honour Judge H Wilson
Discrimination
EAT Sex Discrimination - Others

 
British Gas Trading Limited Alan Burkey v Aaron Clarke EAT/1367/99
15 Nov 2000
EAT
Sir Christopher Bellamy QC
Discrimination
EAT Sex Discrimination - Inferring Discrimination

 
British Gas Trading Limited, Alan Burkey v Aaron Clarke EAT/1367/99
15 Nov 2000
EAT
Sir Christopher Bellamy Qc
Discrimination
EAT Sex Discrimination - Inferring discrimination.
[ EAT ]
 
Sauda Quashie v the London Borough of Greenwich EAT/1242/98
15 Nov 2000
EAT
The Honourable Mr Justice Bell
Discrimination
EAT Race Discrimination - Victimisation.
[ EATn ]
 
Sauda Quashie v the London Borough of Greenwich EAT/1242/98
15 Nov 2000
EAT
The Honourable Mr Justice Bell
Discrimination
EAT Race Discrimination - Victimisation

 
Opara v Life Opportunities Trust [2000] UKEAT 887_00_1611
16 Nov 2000
EAT

Employment, Discrimination

[ Bailii ]
 
Rashid v Asian Community Care Services Ltd EAT/480/99
16 Nov 2000
EAT
The Honourable Mr Justice Bell
Discrimination
EAT Sex Discrimination - Direct

 
M Rashid v Asian Community Care Services Ltd EAT/480/99
16 Nov 2000
EAT
The Honourable Mr Justice Bell
Discrimination
EAT Sex Discrimination - Direct
[ EATn ]
 
Midlothian Council v Colin Peter Elliot EAT/624/00
17 Nov 2000
EAT
The Honourable Lord Johnston
Discrimination
EAT Disability Discrimination - Reasonable adjustments.
[ EATn ]
 
Midlothian Council v Colin Peter Elliot EAT/624/00
17 Nov 2000
EAT
The Honourable Lord Johnston
Discrimination
EAT Disability Discrimination - Adjustments

 
Ms Letitia Stenning v Nicholas Jarman, London Borough of Hackney EAT/1288/99
17 Nov 2000
EAT
The Honourable Mr Justice Bell
Discrimination
EAT Race Discrimination - Direct
[ EATn ]
 
Regina v Secretary of State for Home Department ex parte Mario Montana Times, 05 December 2000; Gazette, 11 January 2001; [2000] EWHC Admin 421
23 Nov 2000
Admn

Administrative, Human Rights, Discrimination, Children
The distinction made in British nationality law, between the relationships of mother and child, and that of father and child, when the parents were not married, was not a breach of the human right to a family life. The claimant suggested that the rule was discriminatory both as sex discrimination, and as discrimination against the child as illegitimate. In this case the refusal of British citizenship had not in fact interfered with the child's family relationships, and there was no previous case in which such a distinction had been found. The cases for citizenship under the two sections were quite different, and were not proper comparators.
British Nationality Act 1981 2 3
[ Bailii ]
 
Geliot Whitman Ltd v J O'Donoghue EAT/1026/99
23 Nov 2000
EAT
His Honour Judge D M Levy QC
Discrimination
EAT Sex Discrimination - Inferring Discrimination
1 Cites

1 Citers


 
Geliot Whitman Ltd v Ms J O'Donoghue EAT/1026/99
23 Nov 2000
EAT
His Honour Judge D M Levy Qc
Discrimination
EAT Sex Discrimination - Inferring discrimination.
[ EATn ]
 
Young v National Power plc Gazette, 30 November 2000; Times, 23 November 2000
23 Nov 2000
CA

Discrimination, Employment
The six months time limit for presenting a claim under the Act, ran from the cessation of employment, and not necessarily the date at which she ceased to be involved in the work in question. The words of the statute clearly referred to six months from the date of termination of employment. The words 'work' and 'employment' were used together in the same section in a way which implied a distinction in meaning.
Equal Pay Act 1970 1(2)(c )

 
D Lowery and Chelsea Village Management Ltd v Omar M Said Ali
24 Nov 2000
EAT
His Honour Judge H Wilson
Discrimination
The applicant had been dismissed with another. He claimed race discrimination. The employer appealed, saying that the tribunal's award had been described in such a way as not to allow them to identify the various elements in the findings. Held: The Tribunal had failed properly to apply the test. They should, first have identified a protected characteristic, and then identified adverse treatment so as to raise the issue of racial discrimination. Then the reasons for the treatment in question should have been scrutinised, including any reasons put forward in evidence. Finally, it if was found that the reasons were insufficient, there were inferences to be drawn, and evidence sought, with regard to comparators. The decision on unfair dismissal stood, but the finding of race discrimination was remitted to be reheard before a different tribunal.
Race Relations Act 1976
1 Cites

1 Citers

[ Bailii ]
 
Dr Y N Awad v Arab News Network EAT/718/99
27 Nov 2000
EAT
His Honour Judge H Wilson
Discrimination
EAT Race Discrimination - Direct

 
Dr Y N Awad v Arab News Network EAT/718/99
27 Nov 2000
EAT
His Honour Judge H Wilson
Discrimination
EAT Race Discrimination - Victimisation.
[ EATn ]
 
Abbey National Plc v L Bartlett EAT/1289/99
29 Nov 2000
EAT
His Honour Judge J Altman
Discrimination
The respondent appealed findings of fact by the employment tribunal and by the employment appeal tribunal in a case involving an allegation of disability discrimination. It was not clear from the notes, whether the tribunal had considered the question of law, namely whether one offer of adjustment made, and reused, was sufficient compliance with the Act. Accordingly the matter was adjourned, with a request for fuller notes, and clarification of whether the issue of law had been raised.
EAT Disability Discrimination - Adjustments
Disability Discrimination Act 1995

 
Abbey National Plc v L Bartlett EAT/1289/99
29 Nov 2000
EAT
His Honour Judge J Altman
Discrimination
EAT Disability Discrimination - Reasonable adjustments.
[ EATn ]
 
J K Wheeler, H Newton v Durham County Council EAT/839/99
30 Nov 2000
EAT
His Honour Judge H Wilson
Discrimination
EAT Sex Discrimination - Direct
[ EATn ]
 
the London Borough of Greenwich v K Aslam EAT/1298/99
30 Nov 2000
EAT
The Honourable Lord Johnston
Discrimination
EAT Race Discrimination - Direct
[ EATn ]
 
The London Borough of Greenwich v K Aslam EAT/1298/99
30 Nov 2000
EAT
The Honourable Lord Johnston
Discrimination, Employment
EAT Race Discrimination - Direct

 
Villanueva v London Clubs Management Ltd (T/A the Rendezvous Club) EAT/352/99; [2000] EAT 352_99_3011
30 Nov 2000
EAT
The Honourable Mr Justice Bell
Discrimination, Employment
EAT Race Discrimination - Indirect.
1 Cites

[ EATn ] - [ Bailii ]
 
J K Wheeler H Newton v Durham County Council EAT/839/99
30 Nov 2000
EAT
His Honour Judge H Wilson
Discrimination
EAT Sex Discrimination - Direct

 
Dr I Kovacs v Queen Mary and Westfield College, the Royal Hospital NHS Trust EAT/1157/99; [2000] UKEAT 1157_99_1704; [2000] EAT 1157_99_0112
1 Dec 2000
EAT
His Honour Judge D M Levy QC
Discrimination, Employment
EAT Procedural Issues - Employment Tribunal
EAT Procedural Issues - Employment Tribunal.
1 Citers

[ EATn ] - [ Bailii ] - [ Bailii ]
 
T Vaughn v Liverpool City Council EAT/344/99
3 Dec 2000
EAT
The Honourable Mr Justice Bell
Discrimination
EAT Race Discrimination - Direct
[ EATn ]
 
Dr Subhi H A Al-Azzawi v Haringey Council (Haringey Design Partnership, Directorate of Technical and Environmental Services) EAT/158/00
3 Dec 2000
EAT
His Honour Judge J R Reid Qc
Discrimination
EAT Race Discrimination - Direct
[ EATn ]
 
T Vaughn v Liverpool City Council EAT/344/99
3 Dec 2000
EAT
The Honourable Mr Justice Bell
Discrimination
EAT Race Discrimination - Direct

 
Dr Subhi H A Al-Azzawi v Haringey Council (Haringey Design Partnership, Directorate of Technical and Environmental Services) EAT/158/00
3 Dec 2000
EAT
His Honour Judge J R Reid QC
Discrimination
EAT Race Discrimination - Direct
1 Citers


 
T Vaughn v Liverpool City Council EAT/344/99
4 Dec 2000
EAT
The Honourable Mr Justice Bell
Discrimination
EAT Race Discrimination - Victimisation.
[ EATn ]
 
J R Quirk v Burton Hospitals NHS Trust, Secretary of State for Health EAT/1031/99
4 Dec 2000
EAT
His Honour Judge Peter Clark
Discrimination
EAT Sex Discrimination - Direct
[ EATn ]
 
T Vaughn v Liverpool City Council EAT/344/99
4 Dec 2000
EAT
The Honourable Mr Justice Bell
Discrimination
EAT Race Discrimination - Victimisation


 
 Quirk v Burton Hospitals NHS Trust Secretary of State for Health; EAT 4-Dec-2000 - Times, 19 February 2002; EAT/1031/99

 
 Schnorbus v Land Hessen; ECJ 7-Dec-2000 - [2000] ECR I-10997; C-79/99; [2001] 1 CMLR 40; [2000] EUECJ C-79/99

 
 BBC Scotland v Souster; SCS 7-Dec-2000 - [2000] ScotCS 308; [2001] IRLR 150; [2001] SC 458
 
William Jack v Pinkerton Security Services Ltd EAT/533/99; [2000] EAT 533_99_0712
7 Dec 2000
EAT
His Honour Judge J R Reid QC
Discrimination, Employment
EAT Race Discrimination - Direct
1 Cites

1 Citers

[ EATn ] - [ Bailii ]
 
Gate Gourmet v J B Jangra EAT/547/99; [2000] UKEAT 547_99_1212
12 Dec 2000
EAT
His Hon Judge Clark
Employment, Discrimination
EAT Unfair Dismissal - Other
The employer appealed a finding of unfair dismissal and disability discrimination. She suffered an apparently minor injury, but which led to long standing disability with varying diagnoses. The company doctor came to consider it would be a long time before she could return. She was dismissed for capability. Held: There was potentially a fair reason. The issue was whether the employer had acted reasonably. The employer argued that the defect on the original dismissal was cured in the appeal. To succeed, the employer must show that the appeal was a full appeal, not just a review. The tribunal had failed to explain its finding that the appeal had been merely a review, and accordingly the unfair dismissal decision must fail. As to the discrimination, the tribunal had improperly short circuited the steps necessary to establish discrimination, and that appeal also must be allowed.
Employment Rights Act 1996 98(4) - Disability Discrimination Act 1995 1
1 Cites

1 Citers

[ EAT ] - [ Bailii ]
 
Bayliss v London Borough of Hounslow and others EAT/1177/98; [2000] UKEAT 1177_98_1212
12 Dec 2000
EAT
Levy QC HHJ
Discrimination, Employment
EAT Race Discrimination - Jurisdiction.
1 Cites

[ EAT ] - [ Bailii ]
 
Healy v William B Morrison and Son Ltd EAT/203/00
13 Dec 2000
EAT
The Honourable Lord Johnston
Discrimination
EAT Sex Discrimination - Pregnancy and discrimination.
[ EAT ]
 
R K Duggal v Connex South Eastern Ltd EAT/987/99; EAT/639/99
14 Dec 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Race Discrimination - Victimisation

 
R K Duggal v Connex South Eastern Ltd EAT/639/99, EAT/987/99
14 Dec 2000
EAT
The Honourable Mr Justice Charles
Discrimination
EAT Race Discrimination - Victimisation.
[ EATn ]
 
Hutton v A E Proctor Ltd EAT/1319/99; [2000] UKEAT 1319_99_1812
18 Dec 2000
EAT
His Honour Judge D Pugsley
Discrimination, Employment
EAT Disability Discrimination - Disability.
[ EAT ] - [ Bailii ]

 
 Halfpenny v IGE Medical Systems Ltd; HL 19-Dec-2000 - Times, 19 December 2000; [2000] UKHL 64
 
Hayes v Charman Underwriting Agencies Ltd EAT/242/00
19 Dec 2000
EAT
His Honour Judge Peter Clark
Discrimination, Employment
EAT Sex Discrimination - Direct
EAT Sex Discrimination - Direct
1 Cites

1 Citers

[ EATn ]
 
Regina v Jacobs Times, 28 December 2000
28 Dec 2000
CACD

Police, Discrimination, Criminal Sentencing
A police officer is as entitled as anybody else not to be racially abused. An arrested person made racist remarks against a police officer, and was convicted of the offence of threatening behaviour, racially aggravated. Even though the appellant might not be racist, her offence passed the custody threshold. Even so a short sentence of three months was substituted.
Crime and Disorder Act 1998 31(1)(b) 31(4)

 
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