Tag: Discrimination

O’Connor v Bar Standards Board: SC 6 Dec 2017

The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time having begun on the initial ruling against her.
Held: The appeal succeeded. The Appellant’s challenge was to the disciplinary proceedings against her, not to an alleged state of affairs in which BME lawyers were more likely to be the subject of such proceedings. Therefore, the bringing and pursuit of the disciplinary proceedings must be the focus of the investigation in terms of section 7(5)(a) of the 1998 Act. That section must not be read narrowly and must be allowed to provide an affective and workable remedy, particularly where what was complained of was a course of conduct. Here, there had been a single and continuing action. It had not been Parliament’s intention to have limitation calculated individually from each element of the process. The period ran from when the process ceased, not from when it began, and in this case it was from the time when the Visitors eventually allowed her appeal.

Judges:

Lady Hale, President, Lord Kerr, Lord Wilson, Lady Black, Lord Lloyd-Jones

Citations:

[2017] UKSC 78, [2018] 2 All ER 779, [2017] WLR(D) 813, [2017] 1 WLR 4833, [2018] HRLR 2, UKSC 2016/0174

Links:

Bailii, WLRD, Bailii Summary, SC, SC Summary, SC Videos Summary, SC 2017 Oct 04 am Video, SC 2017 Oct 04 pm Video

Statutes:

European Convention on Human Rights 14

Jurisdiction:

England and Wales

Citing:

At QBD – O’Connor v Bar Standards Board QBD 18-Dec-2014
Appeal against an order of Deputy Master Eyre by which he struck out the appellant’s statements of case and dismissed the action with judgment for the defendant with costs. The claimant said that the procedures adopted by the Board in disciplinary . .
Appeal from – O’Connor v Bar Standards Board CA 25-Jul-2016
The appellant said that the Board had infringed her human rights in its approach to disciplinary proceedings brought against her. She had been cleared and now sought a remedy. The Board successfully argued that her claims were out of time.
Cited – DH v Czech Republic ECHR 13-Nov-2007
(Grand Chamber) The applicants complained that their children had been moved to special schools which did not reflect their needs from ordinary schools without them being consulted.
Held: The Court noted that, at the relevant time, the . .
Cited – Rehman v The Bar Standards Board Admn 29-Jul-2016
The barrister appealed against two findingd of the Disciplinary Tribunal of the Council of the Inns of Court. . .
Cited – Lincoln v Daniels CA 1961
The defendant claimed absolute immunity in respect of communications sent by him to the Bar Council alleging professional misconduct by the plaintiff, a Queen’s Counsel.
Held: Initial communications sent to the secretary of the Bar Council . .
Cited – In re S (A Barrister) 1970
(Inns of Court) The regulation of barristers has been delegated by the judges to the Inns of Court. Five judges sitting as Visitors of the Inns of Court stated that ‘the judges as visitors have always had supervisory powers and their decision, upon . .
Cited – Delcourt v Belgium ECHR 17-Jan-1970
The applicant had failed in appeals against conviction and sentence for offences of fraud and forgery before the Belgian Cour de Cassation. He complained that he had not enjoyed the right to a fair trial recognised by Article 6(1) of the Convention . .
Cited – Sampanis and Others v Greece ECHR 8-Aug-2011
Resolution as to execution of judgment . .
Cited – Orsus And Others v Croatia ECHR 16-Mar-2010
(Grand Chamber) Fifteen Croatians of Roma origin complained that they were victims of racial discrimination in that they were segregated into Roma-only classes and consequently suffered educational, psychological and emotional damage.
Held: . .
Cited – Eckle v Germany ECHR 15-Jul-1982
Two fraud prosecutions against the claimants had lasted for 15 and 20 years respectively.
Held: Article 6.1 applies to all stages of criminal proceedings, including sentencing and any appeal. The ‘reasonable time’ in criminal matters, . .
Cited – Regina v Visitors to the Inns of Court ex parte Calder CA 1993
Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision.
Held: Justices . .
Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Human Rights, Discrimination, Limitation

Updated: 27 November 2022; Ref: scu.599756

Regina v Secretary of State for Defence Ex Parte Smith; Regina v Same Ex Parte Grady Etc: CA 6 Nov 1995

A ban on homosexuals serving in the armed forces was not irrational, and the challenge to the ban failed. The greater the policy content of a decision, and the more remote the subject matter of a decision from ordinary judicial experience, the more hesitant the court must necessarily be in holding a decision to be irrational. Where decisions of a policy-laden, esoteric or security-based nature are in issue even greater caution than normal must be shown in applying the test, but the test itself is sufficiently flexible to cover all situations. ‘The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it is beyond the range of responses open to a reasonable decision-maker. But in judging whether the decision-maker has exceeded this margin of appreciation the human rights context is important. The more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable in the sense outlined above.’ Profound cultural changes do take time, but ‘A belief which represented unquestioned orthodoxy in year X may have become questionable by year Y and unsustainable by year Z.’

Judges:

Sir Thomas Bingham MR

Citations:

Times 06-Nov-1995, [1996] QB 517

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Ministry of Defence Ex Parte Smith and Others QBD 7-Jun-1995
An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive . .
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .

Cited by:

Cited – Regina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
Appeal from – 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 – Bennett v Officers A and B and Commissioner of Police for the Metropolis CA 2-Nov-2004
Police Officers had been involved in a shooting in which a man died. They were granted anonymity before the coroner’s court, on evidence suggesting they might be at risk. The family of the deceased appealed.
Held: The coroner misdirected . .
Cited – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .
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 – Secretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Armed Forces

Updated: 27 November 2022; Ref: scu.87689

Frette v France: ECHR 26 Feb 2002

A single homosexual man complained that the respondent state had made it impossible for him to adopt a child.
Held: The claim was within the ambit of article 8 as regards respect for family life, but the court dismissed the claim under article 14 in conjunction with article 8, on margin of appreciation grounds. The claimant succeeded on a separate complaint of a breach of article 6. There was the legitimate aim of protecting the interests of children at a time when child psychiatrists and psychologists were divided in their opinions of the effects of being adopted by homosexual parents. Article 14 ‘ . . complements the other substantive provisions of the Convention and its Protocols. It has no independent existence since it has effect solely in relation to ‘the enjoyment of the rights and freedoms’ safeguarded by those provisions.’

Citations:

36515/97, [2002] ECHR 156, [2003] 2 FLR 9, (2002) 38 EHRR 438, [2002] ECHR 156

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Frette v France ECHR 2002
There are certain grounds of factual difference which by common accord are not acceptable, without more, as a basis for different legal treatment, including sexual orientation: ‘. . the Contracting States enjoy a margin of appreciation in assessing . .

Cited by:

Cited – Secretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
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 – In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .
Cited – Gaughran v Chief Constable of The Police Service of Northern Ireland (Northern Ireland) SC 13-May-2015
The court was asked as to to the right of the Police Service of Northern Ireland to retain personal information and data lawfully obtained from the appellant following his arrest for the offence of driving with excess alcohol.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Adoption, Discrimination

Updated: 24 November 2022; Ref: scu.212864

Frette v France: ECHR 2002

There are certain grounds of factual difference which by common accord are not acceptable, without more, as a basis for different legal treatment, including sexual orientation: ‘. . the Contracting States enjoy a margin of appreciation in assessing whether and to what extent differences in otherwise similar situations justify a different treatment in law. The scope of the margin of appreciation will vary according to the circumstances, the subject-matter and its background; in this respect, one of the relevant factors may be the existence or non-existence of common ground between the laws of Contracting States.’

Citations:

(2003) 2 FLR 9, (2002) 38 EHRR 438

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

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 – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
See Also – Frette v France ECHR 26-Feb-2002
A single homosexual man complained that the respondent state had made it impossible for him to adopt a child.
Held: The claim was within the ambit of article 8 as regards respect for family life, but the court dismissed the claim under article . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Discrimination

Updated: 24 November 2022; Ref: scu.198489

Leverton v Clwyd County Council: HL 1989

The claimant, employed as a nursery nurse by the respondent in an infant school sought to compare herself with clerical staff employed by the respondent, but not in schools.
Held: The employee’s appeal succeeded. The majority of the Employment Tribunal, the Employment Appeal Tribunal, and the majority of the Court of Appeal were wrong to apply a narrower test as to whether the terms of the claimant and the comparator were broadly similar. It was sufficient to establish common terms and conditions to show that the claimant and her comparators were employed on terms and conditions derived from the same collective agreement.

Judges:

Lord Bridge of Harwich

Citations:

[1989] ICR 33, [1989] IRLR 28

Jurisdiction:

England and Wales

Cited by:

Cited – British Coal Corporation v Smith and Others HL 23-May-1996
The phrase ‘common terms of employment’ means broadly comparable terms. There is no need for them to be identical, and the phrase should be construed liberally, though there can be no general commonality where there is no commonality in terms and . .
Cited – White v Burton’s Foods Ltd EAT 6-Jul-2010
EAT EQUAL PAY ACT – Like work
The Claimant had been employed by the Respondent since 1984 before becoming Production Planning Manager at the Respondent’s Blackpool site. She brought a claim under the Equal . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 19 November 2022; Ref: scu.420384

Ladd v London Borough of Bromley: CA 4 Oct 2012

The claimant had succeeded in her claim of disability discrimination against the Council in their failure to issue a blue badge for her car parking.
Held: The LA’s appeal suceeded: ‘There can sometimes be a fine dividing line between a commendable desire to vindicate individual legal rights as against a powerful public body on the one hand and intransigent obduracy on the other hand. I say nothing critical at all about the threat to issue judicial review proceedings. But once that threat had resulted in an agreed visit to Mrs Ladd’s home for assessment and the issue of a Blue Badge it seems to me that this claim,when started, falls into the second category. In the result this litigation will not only have been of no profit to Mrs Ladd. It will also have given rise to significant costs both in time and in money to the London Borough of Bromley, which financial costs in part at least will have to be visited upon the luckless local taxpayers.’

Citations:

[2012] EWCA Civ 1586

Links:

Bailii

Jurisdiction:

England and Wales

Discrimination

Updated: 13 November 2022; Ref: scu.470101

Hejduskova (Formerly Searle) v Raskin: CA 28 Nov 1997

The claimant sought leave to appeal against the strike out of his claim against the respondent solicitor alleging disability discrimination. The solicitor had acted against him for his wife, and, becoming concerned as to his mental health had challenged his capacity to continue proceedings, and invited the involvement of the Official Solicitor. The judge had found that the claimant had not established that he was disabled, and that the reference to the OS had been proper.
Held: ‘whether a person is disabled within the Act is different from the question whether he is sufficiently disabled so as to be unfit to conduct the proceedings and to need a guardian ad litem.’ However even assuming that the claimant was disabled within the Act, nothing done by the defendant fell within the range of provision of services. Leave to appeal was refused.

Citations:

[1997] EWCA Civ 2856

Jurisdiction:

England and Wales

Discrimination, Legal Professions

Updated: 12 November 2022; Ref: scu.143255

Nagarajan v London Regional Transport; Swiggs and London Regional Transport v Nagarajan: CA 7 Nov 1997

On a true construction of section 2(1), a person alleged to have been victimised had to establish that the alleged discriminator, in treating him less favourably than another, had a motive which was consciously connected with the race relations legislation.

Citations:

[1997] EWCA Civ 2671, [1998] IRLR 73

Statutes:

Race Relations Act 1976 2(1)

Jurisdiction:

England and Wales

Citing:

Reversed on s – Swiggs and others v Nagarajan HL 15-Jul-1999
Bias may not be intentional
The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim . .

Cited by:

Reversed – Swiggs and others v Nagarajan HL 15-Jul-1999
Bias may not be intentional
The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim . .
Cited – Clark v TDG Limited (Trading As Novacold) CA 25-Mar-1999
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 10 November 2022; Ref: scu.143070

Post Office v Adekeye: CA 13 Nov 1996

Race discrimination which took place after a dismissal was not unlawful within the section, since that first required the context of employment, and after the dismissal, the applicant was no longer in that employment. The natural meaning of the phrase ’employed by him’ in section 4 (2) was confined to persons employed at the time of the act complained of; and there was no other provision covering cases where the employment had terminated. The court dismissed the appeal.

Judges:

Pill, Mantell and Buxton LJJ

Citations:

Times 03-Dec-1996, Gazette 13-Dec-1996, [1997] ICR 110, [1996] EWCA Civ 943

Statutes:

Race Relations Act 1976 4(2)

Jurisdiction:

England and Wales

Citing:

Appeal from – Post Office v Adekeye EAT 23-Feb-1995
An Industrial Tribunal may not look at a claim of race discrimination which had taken place in the context of a disciplinary appeal following a dismissal. The act of discrimination had not been in the course of the employment. . .

Cited by:

Applied – Rhys-Harper v Relaxion Group plc CA 3-May-2001
A sex discrimination claim involving a claim by an employee for damages for sexual harassment, had to be made during the period of employment. An employer’s failure to deal properly with an allegation of sexual harassment could itself be a detriment . .
Appealed to – Post Office v Adekeye EAT 23-Feb-1995
An Industrial Tribunal may not look at a claim of race discrimination which had taken place in the context of a disciplinary appeal following a dismissal. The act of discrimination had not been in the course of the employment. . .
Disapproved – Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions HL 19-Jun-2003
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation . .
Cited – D C D’Souza v London Borough of Lambeth CA 2001
The court dismissed the claimant’s claim for damages for racial discrimination for acts occurring after the termination of his employment by the respondents.
Held: Applying Adekeye, the claim was dismissed, but the court saw ‘some force’ in . .
Cited – Jones, Kirker, Angel and Bond v 3M Healthcare Ltd, Ambitions Personnel (Nottinghamshire) Ltd, British Sugar Plc, New Possibilities NHS Trust and Hackney EAT 11-Dec-2001
EAT Disability Discrimination – Disability
Nicholas Kirker was employed by British Sugar plc as a shift chemist until dismissed. He has very poor eyesight and is registered as fully blind. He claimed he had . .
Cited – Jessemey v Rowstock Ltd and Another CA 26-Feb-2014
The court was asked whether a claim as to acts of victimisation could be sustained in connection with actions alleged after termination of employment.
Held: The appeal succeeded. The Act operated to proscribe such actions. However, this is one . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 03 November 2022; Ref: scu.84811

Jones v University of Manchester: CA 10 Mar 1993

A claim for sex discrimination based on an age requirement was wrongly based. The proportion of mature graduates was irrelevant in the appropriate pool. The Court cautioned tribunals to avoid placing artificial limitations on the scope of the pool and indicated that it should comprise all those persons, male and female, who satisfied, or would satisfy, all the relevant criteria apart from the PCP in question. Identifying the numbers of men and women who could comply with the PCP was insufficient. The correct analysis required the tribunal to look further at the relative proportions of men and women who could comply, in relation to the total numbers of men and women to whom the PCP was or would be applied.
Ralph Gibson LJ said: ‘We have been told that section 1(1) has not before been considered by this court with reference to the concept of the pool. The language of the section has been set out above. In order to compare the proportion of women who can comply with the requirement with the proportion of men who can comply with it, it is necessary to determine the relevant total. In my judgment, the relevant total is the number of men and women referred to in the subsection, i.e., those men and women to whom the person – in this case, the employer – applies or would apply the requirement. In this case, that means all men and women graduates with the relevant experience. I do not accept that the relevant total is all men and women: the employer would have no occasion to apply the requirement to any men or women other than those who are able to comply with the requirements of the advertisement other than the requirement in question . . Further, I do not accept that the relevant total is merely of those men and women who can comply with the requirement. The section refers not to the number of men and the number of women who can comply with the requirement but to the proportion of men and of women. That shows, in my judgment, that those men and those women who can comply with the requirement are to be considered as a proportion of another number, and that that number must be the relevant total of men and women to whom the requirement is or would be applied.’

Judges:

Ralph Gibson LJ

Citations:

Gazette 10-Mar-1993, [1993] ICR 474, [1993] IRLR 21

Statutes:

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

Jurisdiction:

England and Wales

Cited by:

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

Employment, Discrimination

Updated: 26 October 2022; Ref: scu.82616

Barclays Bank Plc v Kapur and Others: CA 15 Aug 1994

Whether there has been discrimination is independent and irrespective of the discriminator’s motives.

Citations:

Ind Summary 15-Aug-1994

Jurisdiction:

England and Wales

Citing:

Appeal from – Barclays Bank Plc v Kapur and others EAT 3-Dec-1992
. .

Cited by:

See also – Barclays Bank Plc v Kapur and Others (No 2) CA 1995
An unjustified sense of grievance cannot amount to a detriment in discrimination law. . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 26 October 2022; Ref: scu.78207

Regina v Saunders: CACD 8 Dec 1999

Having been convicted of assault occasioning actual bodily harm which assault was racially aggravated, the defendant was sentenced to 42 months imprisonment. On appeal against sentence, the court said the presence of racially aggravating features should add up to two years to the sentence which would otherwise be passed. Nevertheless the court should still take into account the various facets of that aggravating element as present in this case.

Citations:

Times 28-Jan-2000, Gazette 08-Dec-1999

Statutes:

Offences against the Person Act 1861 47

Jurisdiction:

England and Wales

Criminal Sentencing, Discrimination

Updated: 25 October 2022; Ref: scu.85474

Vallianatos and Others v Greece: ECHR 7 Nov 2013

Grand Chamber Judgment. The applicants alleged that the fact that the ‘civil unions’ introduced by the respondent were designed only for couples composed of different-sex adults had infringed their right to respect for their private and family life and amounted to unjustified discrimination between different-sex and same-sex couples, to the detriment of the latter.
Held: The introduction of registered partnerships only for different sex couples, to exist alongside marriage which was also only open to different sex couples, constituted a breach of article 14 read with article 8 of the Convention

Judges:

Dean Spielmann, P

Citations:

29381/09, [2013] ECHR 1110, 32684/09, 36 BHRC 149, (2014) 59 EHRR 12

Links:

Bailii

Statutes:

European Convention on Human Rights 8 14

Jurisdiction:

Human Rights

Citing:

Legal Summary – Vallianatos And Others v Greece (LS) ECHR 7-Nov-2013
ECHR (Grand Chamber) Article 14
Discrimination
Exclusion of same-sex couples from ‘civil unions’: violation
Facts – The first application was lodged by two Greek nationals, and the second by six . .

Cited by:

Cited – Steinfeld and Another v Secretary of State for Education CA 21-Feb-2017
Hetero Partnerships – wait and see proportionate
The claimants, a heterosexual couple complained that their inability to have a civil partnership was an unlawful discrimination against them and a denial of their Article 8 rights. The argument that the appellants’ case did not come within the ambit . .
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, Family, Discrimination

Updated: 25 October 2022; Ref: scu.517642

Regina v Registrar General for England and Wales Ex Parte P; Same v Same Ex Parte G: QBD 27 Mar 1996

Sexual identity is fixed at birth. It is not an error capable of being corrected by the Registrar. The Registrar has no power to alter birth register to change the sex as registered after gender re-assignment surgery.

Citations:

Times 27-Mar-1996, Independent 22-Feb-1996

Statutes:

Births and Deaths Registration Act 1953 1(1) 29(3)

Jurisdiction:

England and Wales

Administrative, Discrimination

Updated: 21 October 2022; Ref: scu.87619

Waters v Commissioner of Police for Metropolis: CA 3 Jul 1997

Citations:

[1997] EWCA Civ 2012

Jurisdiction:

England and Wales

Citing:

Appeal from – Waters v Commissioner of Police of Metropolis EAT 17-Nov-1994
. .

Cited by:

Appeal from – 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: . .
Lists of cited by and citing cases may be incomplete.

Police, Discrimination, Negligence

Updated: 19 October 2022; Ref: scu.142409

Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 16 Oct 2007

ECJ (Grand Chamber) Spain had legislated for compulsory retirement when it wanted to encourage recruitment; then abolished it when economic circumstances improved and it wanted to encourage people to stay in work; and then reintroduced it by allowing collective agreements to prescribe retirement ages, provided that the worker had qualified for a retirement pension.
Held: Despite recital 14, requiring retirement at a particular age is direct age discrimination within the meaning of article 2(1) and 2(2)(a) and has therefore to be justified. But this did not preclude national legislation allowing for this, even if the social policy aims were not spelled out in the legislation, as long as it could be decided from the context and other sources what those aims were. The encouragement of recruitment was a legitimate aim. The means employed had still to be both appropriate and necessary, although member states (and where appropriate social partners) enjoyed a broad discretion in the choice both of the aims and of the means to pursue them. The measure in question did not unduly prejudice the legitimate claims of the workers because it was based, not only on a specific age, but also on having qualified for a pension.
It is not necessary for the national measure at issue, in order to be justifiable under article 6(1) of the Directive, to refer expressly to a legitimate aim of the kind envisaged in article 6(1); it suffices that ‘other elements, taken from the general context of the measure concerned, enable the underlying aim of that law to be identified for the purposes of judicial review of its legitimacy and whether the means put in place to achieve that aim are appropriate and necessary.’

Judges:

Skouris P

Citations:

Times 23-Oct-2007, [2007] ECR I-8531, C-411/05, [2009] ICR 1111, [2007]EUECJ C-411/05, [2007] Pens LR 411, [2007] IRLR 989, [2008] 1 CMLR 16, [2008] All ER (EC) 249

Links:

Bailii

Statutes:

Council Directive 2000/78/EC

Jurisdiction:

European

Citing:

Order – Felix Palacios de la Villa v Cortefiel Servicios SA ECJ 15-Feb-2007
Europa Council Directive 2000/78/EC Article 6 – General principle of Community law – Age discrimination – Compulsory retirement – Direct effect – Obligation to set aside conflicting national law. . .

Cited by:

Cited – Incorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform ECJ 5-Mar-2009
(Third Chamber) The trustees complained that the respondent had failed to implement the Directive, in that there remained, for example, rules allowing employers to have fixed retirement ages.
Held: The complaint failed. The Directive allowed . .
Cited – Rolls-Royce plc v Unite the Union CA 14-May-2009
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case . .
Cited – Seldon v Clarkson Wright and Jakes (A Partnership) CA 28-Jul-2010
The claimant solicitor said that the compulsory retirement from his partnership on age grounds was discriminatory, and that the UK Regulations had not implemented the Directive fully.
Held: The appeal failed. The purpose of the provision as to . .
Cited – Seldon v Clarkson Wright and Jakes SC 25-Apr-2012
The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age.
Held: The matter was remitted to the Employment tribunal to see whether the . .
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.

Employment, Discrimination

Updated: 07 October 2022; Ref: scu.261649

R and R Plant (Peterborough) Ltd v Bailey: CA 2 Apr 2012

The company appealed against a finding as to its compliance with the 2006 Regulations in the notices given to the respondent as to her retirement.

Judges:

Ward, McFarlane LJJ, Dame Janet Smith

Citations:

[2012] EWCA Civ 410

Links:

Bailii

Statutes:

Employment Equality (Age) Regulations 2006

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 06 October 2022; Ref: scu.452413

Chapti and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 16 Dec 2011

Challenge to the amendments to paragraph 281 of the Immigration Rules requiring the foreign spouses and partners of British citizens or persons settled in the UK applying for what I shall refer to as ‘spouse visas’, that is for leave to enter the UK with a view to settlement, to produce a test certificate of knowledge of the English language to a prescribed standard.
Held: t Beatson J concluded that the fact that it might be possible to argue that the operation of the Rule was a disproportionate infringement of an individual’s article 8 rights did not render the Rule itself disproportionate.

Judges:

Beatson J

Citations:

[2011] EWHC 3370 (Admin), [2012] 2 All ER 653

Links:

Bailii

Statutes:

European Convention on Human Rights 8 12

Jurisdiction:

England and Wales

Cited by:

Appeal From – Bibi and Another, Regina (on The Application of) v Secretary of State for The Home Department CA 12-Apr-2013
The applicant appealed against refusal of her challenge to the regulations requiring certain standards of spoken English in foreign spouses seeking to come here to be with their settled or British Citizen spouse.
Held: The imposition of the . .
At first instance – Ali and Bibi, Regina (on The Applications of) v Secretary of State for The Home Department SC 18-Nov-2015
At the claimants alleged that the rules requiring a foreign spouse or partner of a British citizen or a person settled in this country to pass a test of competence in the English language before coming to live here were an unjustifiable interference . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights, Discrimination

Updated: 01 October 2022; Ref: scu.450067

C, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 1 Nov 2017

This case is about how the Department for Work and Pensions (the DWP), in administering our complex welfare benefits system, treats people with a reassigned gender, and specifically whether certain policies conflict (1) with the Gender Recognition Act 2004; (2) with the Human Rights Act 1998; or (3) with the Equality Act 2010. The claimant was distressed that the respondent’s computer system gave access to her historical gender despite the issue of a gender recognition certificate under the 2004 Act.
Held: The Retention and SRC policies are not inconsistent with, or prohibited by, any provision of the Gender Recognition Act 2004.
The courts below were entitled to reach the conclusion that the CIS Retention policy was a proportionate means of achieving its legitimate aims and I share their view. In reaching this conclusion, I in no way seek to minimise the importance to the appellant and others in her situation of the intrusion into her privacy which is entailed by the policy. For her, and for others, it must be good news that the Department has taken their concerns seriously, and that they will be differently catered for when Universal Credit is rolled out throughout the country.
Retaining details of earlier identities was not directly discriminatory because the respondent retained such information about all claimants.
‘ the concerns which the appellant has raised before and during these proceedings are very real and important to her, and no doubt to other transgender customers of the DWP. The proceedings have already brought about some change in DWP policy and no doubt the DWP will continue to consider how the service it offers to transgender customers could be improved. The introduction of Universal Credit is an opportunity to do this. But for all the reasons given earlier the Retention and SCR policies are not unlawful under either the Human Rights Act 1998 or the Equality Act 2010 and this appeal must be dismissed.’

Judges:

Baroness Hale of Richmond PSC, Lord Kerr of Tonaghmore, Lord Wilson, Lord Carnwath, Lord Hughes JJSC

Citations:

[2017] UKSC 72

Links:

Bailii, WLRD

Statutes:

Equality Act 2010 19, Gender Recognition Act 2004 9 22, Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

At First Instance – C, Regina (on The Application of) v Secretary of State for Work and Pensions and Another Admn 18-Jul-2014
The court was asked as to the extent to which the State should retain personal information about citizens, and whether its policies or practices for doing so comply with the human rights of those citizens. It arose in the instant case in a . .
Appeal from – C, Regina (on The Application of) v Secretary of State for Work and Pensions CA 9-Feb-2016
The Court was asked whether, in the context of awarding Jobseeker’s Allowance, the State has unjustifiably interfered with the right of transgender persons to have information about their gender reassignment kept private.
Held: The appeal . .
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 – Bellinger v Bellinger HL 10-Apr-2003
Transgender Male to Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
Cited – J v C and E (a Child) (Void Marriage: Status of Children) CA 15-May-2006
The parties had lived together as a married couple. They had had a child together by artificial insemination. It was then revealed that Mr J was a woman. The parties split up, and Mr J applied for an order for contact with the child.
Held: The . .
Cited – Identoba And Others v Georgia ECHR 12-May-2015
The Strasbourg court found a breach of article 3 where the authorities had failed to protect LGBTI demonstrators from attack by homophobic counter-demonstrators. . .
Cited – Thlimmenos v Greece ECHR 6-Apr-2000
(Grand Chamber) The applicant was a Jehovah’s Witness who had been convicted of insubordination under the Military Criminal Code for refusing to wear a military uniform at a time of general mobilisation. He was subsequently refused appointment as a . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Human Rights, Administrative

Updated: 01 October 2022; Ref: scu.598453

Cockburn, Regina (on The Application of) v Secretary of State for Health: Admn 29 Jul 2011

The claimant sought judicial review of the decision setting the level of pension payable to him as widower of a deceased general practitioner. He said that the amount payable would have been greater if he had been a women surviving a husband practitioner, since the regulations discounted his wife’s service before 1988.

Judges:

Supperstone J

Citations:

[2011] EWHC 2095 (Admin)

Links:

Bailii

Statutes:

National Health Service Pension Scheme Regulations 1995, European Convention on Human Rights 14

Jurisdiction:

England and Wales

Health Professions, Discrimination

Updated: 17 September 2022; Ref: scu.442438

St Helens and Knowsley Hospitals NHS Trust v Brownbill and Others: CA 28 Jul 2011

The claimant health professionals alleged that their employment contracts contained terms as to obligations to work unsocial hours which were less favourable than those for male comparators.

Citations:

[2011] EWCA Civ 903

Links:

Bailii

Statutes:

Equal Pay Act 1970

Jurisdiction:

England and Wales

Discrimination

Updated: 17 September 2022; Ref: scu.442258

O’Neill v Governors of St Thomas More RC School and Another: EAT 24 May 1996

The claimant had been dismissed as a teacher by the respondent Roman Catholic school after she became pregnant by a priest. She had been found to have been unfairly dismissed, but the tribunal had rejected her claim of discrimination for pregnancy.

Judges:

Mummery J P

Citations:

[1996] IRLR 372, [1997] ICR 33, [1996] UKEAT 1180 – 94 – 2405

Links:

Bailii

Citing:

See Also – O’Neill v Governors of St Thomas More RC School EAT 12-Oct-1995
The claimant had lodged an appeal against a rejection of her claim of sex discrimination, and against the amount of damages awarded on the success of her claim of unfair dismissal. After rejection of her request for a review, her counsel had lodged . .
Cited – Habermann-Beltermann v Arbeiterwohlfahrt ECJ 5-May-1994
ECJ Article 2(1) and (3), read in conjunction with Articles 3(1) and 5(1) of Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to . .
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 . .
Cited – Nagarajan v Agnew EAT 21-Jul-1993
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 . .
Cited – Webb v EMO Air Cargo (UK) Ltd (No 1) HL 3-Mar-1993
Questions on pregnancy dismissals included unavailability at required time. The correct comparison under the Act of 1975 was between the pregnant woman and: ‘a hypothetical man who would also be unavailable at the critical time. The relevant . .
Cited – Dekker v Stichting Vormingscentrum Voor Jong Volwassenen ECJ 8-Nov-1990
An employer is in direct contravention of the principle of equal treatment embodied in Articles 2(1) and 3(1) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 16 September 2022; Ref: scu.442202

SG v St Gregory’s Catholic Science College: Admn 17 Jun 2010

The claimant challenged the school’s policy on hairstyles for boys.
Held: There had been no unlawful sex discrimination.

Judges:

Collins J

Citations:

[2011] EWHC 1452 (Admin), [2011] ELR 446, [2011] ACD 91

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School CA 13-Oct-2017
Single Sex Schooling failed to prepare for life
The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes.
Held: The action was . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 13 September 2022; Ref: scu.440858

Beedles v Guinness Northern Counties Ltd: CA 19 Apr 2011

The tenant of a pub argued that the landlord brewery had an obligation to make alterations to the pub so as to allow him properly to enjoy it notwithstanding his disability. He suffered epilepsy and could no longer safely decorate it himself. He sought to require the landlord to do so.

Judges:

Maurice Kay, Carnwath, Moses LJJ

Citations:

[2011] EWCA Civ 442

Links:

Bailii

Statutes:

Disability Discrimination Act 1995 24C

Jurisdiction:

England and Wales

Discrimination, Landlord and Tenant

Updated: 06 September 2022; Ref: scu.432832

Commission v Poland C-326/09: ECJ 17 Mar 2011

ECJ (Social Policy) Failure to fulfill obligations – Directive 2004/113/EC – Social policy – Equal treatment between women and men – Access to goods and services and supply of goods and services – Failure to transpose within the prescribed period.

Citations:

[2011] EUECJ C-326/09

Links:

Bailii

Statutes:

Directive 2004/113/EC

Jurisdiction:

European

Discrimination

Updated: 04 September 2022; Ref: scu.430707

Brill v Interactive Business Communications Ltd: CA 9 Dec 2010

The claimant had issued proceedings for unfair dismissal, but his appeal against refusal of permission to amend his claim to allow a claim for disability discrimination had succeeded at the EAT. At the time when the claim had been made, the law allowing claims for associative disability had not been recognised (Attridge).
Held: The employer’s appeal succeeded. The amended claim had no prospect of success and should not be allowed to proceed.

Citations:

[2010] EWCA Civ 1604

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – S. Coleman v Attridge Law, Steve Law ECJ 17-Jul-2008
ECJ Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1, 2(1), (2)(a) and (3) and 3(1)(c) – Direct discrimination on grounds of disability – Harassment related to . .
Cited – London Borough of Lewisham v Malcolm HL 25-Jun-2008
Unrelated Detriment was no Discrimination
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 03 September 2022; Ref: scu.430486

Durrant v Chief Constable of Avon and Somerset Constabulary: CA 14 Nov 2017

Judges:

Sales, Moylan LJJ

Citations:

[2017] EWCA Civ 1808, [2018] ICR D1

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Durrant v Avon and Somerset Constabulary (Practice Note) CA 17-Dec-2013
. .
Lists of cited by and citing cases may be incomplete.

Discrimination, Police

Updated: 31 August 2022; Ref: scu.599371

Parmar v East Leicester Medical Practice: EAT 5 Nov 2010

EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements
Whether the statutory grievance procedure applies to a claim of post-termination victimisation. It does.
A claim alleging victimisation in consequence of evidence contained in witness statements served in proceedings in the employment tribunal failed for immunity.

Judges:

Peter Clark HHJ

Citations:

[2010] UKEAT 0022 – 10 – 0511, [2011] IRLR 641, [2011] ICR D1

Links:

Bailii

Statutes:

Employment Act 2002 32, Race Relations Act 1976

Cited by:

Cited – Singh v Moorlands Primary School and Another CA 25-Jul-2013
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 28 August 2022; Ref: scu.426920

Sivanandan v London Borough of Enfield: EAT 1 May 1998

Citations:

[1998] UKEAT 450 – 98 – 0105

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Sivanandan v London Borough of Enfield and others EAT 1-Oct-1998
. .
See Also – Sivanandan v London Borough of Enfield and others EAT 1-Feb-1999
. .
See Also – Sivanandan v Enfield and others EAT 25-Apr-2001
. .
See Also – Sivanandan v Enfield and Another EAT 11-Jul-2001
. .
See Also – Sivanandan v Enfield and others EAT 26-Jul-2001
. .
See Also – Sivanandan v London Borough of Enfield and Another EAT 26-Jul-2001
. .
See Also – Sivanandan v London Borough of Enfield and others EAT 23-Jul-2002
EAT Procedural Issues – Employment Tribunal . .
See Also – Sivanandan v London Borough of Enfield and others CA 7-Oct-2002
. .
See Also – London Borough of Enfield v Sivanandan QBD 5-Apr-2004
. .
See Also – London Borough of Enfield v Sivanandan CA 20-Jan-2005
The employee first issued a claim in the employment tribunal, and then in the High Court. The defendant company argued that the tribunal proceedings were not concluded before the High Court proceedings were issued, but only later when they were . .
See Also – London Borough of Enfield v Sivanandan EAT 12-Sep-2005
EAT Practice and Procedure – Striking-out/dismissal.
EAT Practice and Procedure – Striking-out/dismissal. . .
See Also – London Borough of Enfield v Sivanandan CA 29-Jun-2006
Application for civil restraint order. . .
See Also – Sivanandan v London Borough of Enfield EAT 19-Oct-2006
EAT Practice and Procedure – Estoppel or Abuse of Process. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 27 August 2022; Ref: scu.206416

De Souza v Automobile Association: CA 19 Dec 1985

The claimant appealed against a finding that there had been no race discrimation in her case. She had overheard a manager refer to her as ‘the wog’. She said that this was sufficient to mean that she suffered a detriment. The employer replied that the word detriment shouldbe looked at not by the effect on the employee, but by the objective difference in treatment by the employer.
Held: The claim failed. May LJ said ‘Apart from the actual decisions in these cases I think that this necessarily follows upon a proper construction of section 4 and in particular Section 4(2)(c) of the Act. Racially to insult a coloured employee is not enough by itself, even if that insult caused him or her distress; before the employee can be said to have been subjected to some ‘other detriment’ the Court or Tribunal must find that by reason of the acts or acts complained of a reasonable worker would or might take the view that he had thereby been disadvantaged in the circumstances in which he had thereafter to work.’

Judges:

May LJ

Citations:

[1985] EWCA Civ 13, [1986] IRLR 103, [1986] ICR 514

Links:

Bailii

Statutes:

Race Relations Act 1976 4

Jurisdiction:

England and Wales

Citing:

Cited – BL Cars Ltd v Brown EAT 1983
A black employee of the defendant had been arrested and granted bail. The defendant feared that he would attempt to re-enter the plant under a false name. The Chief Security Officer issued instructions to the gates, to include a thorough check on . .
Cited – Porcelli v Strathclyde Regional Council EAT 1985
A woman school technician was subjected to a campaign of sexual harassment by two fellow male non-managerial technicians. She sought a transfer.
Held: The real question was whether the sexual harassment was to the detriment of the applicant . .

Cited by:

See Also – De Souza v Automobile Association EAT 31-Jan-1997
. .
Cited – HM Land Registry v Grant EAT 15-Apr-2010
hmlr_grantEAT10
EAT SEXUAL ORIENTATION DISCRIMINATION/TRANSEXUALISM
HARASSMENT – Conduct
PRACTICE AND PROCEDURE – Appellate Jurisdiction /Reasons /Burns-Barke
An Employment Tribunal accepted that 6 out of 12 . .
Cited – Olasehinde v Panther Securities Plc EAT 10-Jun-2008
EAT RACE DISCRIMINATION

Detriment

CONTRACT OF EMPLOYMENT

Wrongful dismissal

Appellant wrongly and unreasonably accused by employers of sexual harassment. Employers accept his denial but instruct him not . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 26 August 2022; Ref: scu.262666

Odoemelam v Whittington Hospital NHS Trust: EAT 6 Feb 2007

EAT Statutory grievance procedures
Need for grievance to identify that complaint is one of racial discrimination – application to claims against employees as well as to claims against their employers.

Citations:

[2007] UKEAT 0016 – 06 – 0602, UKEAT/0016/06

Links:

Bailii, EAT

Statutes:

Employment Act 2002

Jurisdiction:

England and Wales

Citing:

Cited – Prakash v Wolverhampton City Council EAT 1-Sep-2006
EAT The Claimant was employed on a fixed term contract. During the terms of the contract he was dismissed for misconduct and made an application to the Employment Tribunal (ET) claiming unfair dismissal. He . .
Cited – Shergold v Fieldway Medical Centre EAT 5-Dec-2005
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that . .

Cited by:

Cited – Royal Mail Letters and others v Muhammad EAT 20-Dec-2007
EAT Practice and Procedure
Whether Claimant complied with requirements of Section 32 of the Employment Act 2002 and paragraph 6, Schedule 2 of the Employment Act (Dispute Regulations) 2004. . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 20 August 2022; Ref: scu.248455

Royal Bank of Scotland Plc v McLelland: EAT 11 Mar 2010

EAT SEX DISCRIMINATION: Continuing Act
PRACTICE AND PROCEDURE: Preliminary Issues
Pre-hearing review concerning whether sex discrimination claim was in time. Whether a post termination review process could be a continuing act

Citations:

[2010] UKEAT 0096 – 10 – 1103

Links:

Bailii

Employment, Discrimination

Updated: 17 August 2022; Ref: scu.408522

Maruko v Versorgungsanstalt der deutschen Buhnen: ECJ 6 Sep 2007

ECJ Pension paid by a compulsory occupational pension – Refusal survival due to the absence of marriage to same-sex partners Directive 2000/78 / EC Scope Exclusion of social security benefits Concept of pay – Discrimination based on sexual orientation
‘The combined provisions of articles 1 and 2 of Directive 2000/78 preclude legislation such as that at issue in the main proceedings under which, after the death of his life partner, the surviving partner does not receive a survivor’s benefit equivalent to that granted to a surviving spouse’.

Judges:

Ruiz-Jarabo Colomer AG

Citations:

C-267/06, [2007] EUECJ C-267/06

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Maruko v Versorgungsanstalt der deutschen Buhnen ECJ 1-Apr-2008
ECJ Grand Chamber – Equal treatment in employment and occupation – Directive 2000/78/EC – Survivors’ benefits under a compulsory occupational pensions scheme Concept of ‘pay’ – Refusal because the persons . .
Cited – Walker v Innospec Ltd and Others SC 12-Jul-2017
The claimant appealed against refusal of his employer’s pension scheme trustees to include as a recipient of any death benefit his male civil partner.
Held: The appeal succeeded. The salary paid to Mr Walker throughout his working life was . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 16 August 2022; Ref: scu.259239

Dugdale v Kraft Foods Ltd: EAT 28 Oct 1976

In giving guidance on the use by industrial members of their life experience the EAT cautioned against an Employment Tribunal relying on the lay members’ experience to determine a case without giving the witness whose evidence they reject an opportunity to deal with the point(s) in issue. Provided that is done there is no reason why the members should not draw on their own knowledge and experience.
Phillips J said: ‘The members of industrial tribunals are appointed because of their special knowledge and experience, and we have no doubt that they are entitled to draw upon it in playing their part in assisting the tribunal as a whole to reach a decision. The main use which they will make of this knowledge and experience is for the purpose of explaining and understanding the evidence which they hear. Certainly, they are entitled to use their knowledge and experience to fill gaps in the evidence about matters which will be obvious to them but which might be obscure to a layman. More difficult is the case where evidence is given which is contrary to their knowledge and experience. If such an occasion arises, we think that they ought to draw to the attention of the witnesses the experience which seems to them to suggest that the evidence given is wrong, and ought not to prefer their own knowledge and experience without giving the witnesses an opportunity to deal with it. Provided that this opportunity is given there seems to us to be no reason why they should not draw on their own knowledge and experience in this way also. But it is highly desirable that in any case where particular use is made by an industrial tribunal of the knowledge and experience of one or more of their members in reaching their decision this fact should be stated, and that particulars of the matter taken into account should e fully disclosed.’

Judges:

Phillips, J P

Citations:

[1976] UKEAT 277 – 76 – 1076, [1976] 1 WLR 1288, (1979) 11 ITR 309, [1977] 1 All ER 454, [1977] IRLR 160

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 13 August 2022; Ref: scu.392855

Essop and Others v Home Office (UK Border Agency): SC 5 Apr 2017

The appellants alleged indirect race and belief discrimination in the conditions of their employment by the respondent. Essop came as lead claimant challenging the tests used for promotion. Statistics showed lower pass rates for BME candidates, but with no explanation of the connection. Naaem was an imam. He began as a part time prison chaplain, but the pension arrangements were changed so that even though working full time, he was disadvantaged. He appealed from a finding that having been unable to show a connection between the inirect discrimination suffered, and the protected characteristic, his action must fail.
Held: Over time the wording in the European directives and the UK statutes implementing them had changed, but in none of the various definitions of indirect discrimination, is there any express requirement for an explanation of the reasons why a particular PCP puts one group at a disadvantage when compared with others.
The arguments put forward by the respondent do not justify importing words into the statute (and the Directives which lay behind it) which are simply not there and which, as the Court of Appeal recognised, could lead to the continuation of unlawful discrimination, which would be contrary to the public interest. In order to succeed in an indirect discrimination claim, it is not necessary to establish the reason for the particular disadvantage to which the group is put. The essential element is a causal connection between the PCP and the disadvantage suffered, not only by the group, but also by the individual. This may be easier to prove if the reason for the group disadvantage is known but that is a matter of fact, not law.
The definitions of direct and indirect discrimination also differed: ‘Direct discrimination expressly requires a causal link between the less favourable treatment and the protected characteristic. Indirect discrimination does not. Instead it requires a causal link between the PCP and the particular disadvantage suffered by the group and the individual. The reason for this is that the prohibition of direct discrimination aims to achieve equality of treatment. Indirect discrimination assumes equality of treatment – the PCP is applied indiscriminately to all – but aims to achieve a level playing field, where people sharing a particular protected characteristic are not subjected to requirements which many of them cannot meet but which cannot be shown to be justified.’

Judges:

Lady Hale, Deputy President, Lord Clarke, Lord Wilson, Lord Carnwath, Lord Hodge

Citations:

[2017] UKSC 27, [2017] ICR 640, [2017] 1 WLR 1343, [2017] IRLR 558, [2017] WLR(D) 244, [2017] 3 All ER 551, UKSC 2015/0161

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Video

Statutes:

Equality Act 2010 19

Jurisdiction:

England and Wales

Citing:

At EAT – Naeem v The Secretary of State for Justice EAT 15-Jan-2014
EAT Race Discrimination : Indirect – RELIGION OR BELIEF DISCRIMINATION
Until 2002 the only Chaplains employed by the Prison Service were Christians. Since then, Chaplains of other faiths have been . .
At EAT – Essop and Others v Home Office (UK Border Agency) EAT 16-May-2014
EAT Race Discrimination : Indirect – In a test case, it was assumed that BME candidates disproportionately failed the CSA test, passing which was necessary to progress to higher grades in the Civil Service. The . .
Appeal from – Naeem v The Secretary of State for Justice CA 9-Dec-2015
The claimant appealed against rejection of his claim for discrimination when under the 1952 Act, there was a requirement to appoint a member as pastor of the prison a Clergyman of the Church of England, and other chaplains, including himself, an . .
Appeal from – Home Office (UK Border Agency) v Essop and Others CA 22-Jun-2015
The appellant challenged a finding that it was guilty of indirect race discrimination. A statistical study showed that BME candidates did rather less well on a standard assessment test, but while the correlation was clear, the manner of . .
Cited – Regina v Birmingham City Council ex parte Equal Opportunities Commission HL 1989
At the council’s independent, single-sex grammar schools there were more places available for boys than girls. Consequently the council were obliged to set a higher pass mark for girls than boys in the grammar school entrance examination.
Cited – James v Eastleigh Borough Council HL 14-Jun-1990
Result Decides Dscrimination not Motive
The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination.
Held: The 1975 Act directly discriminated between men and . .
Cited – Swiggs and others v Nagarajan HL 15-Jul-1999
Bias may not be intentional
The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim . .
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 – 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. . .
Cited – The Audit Commission v Haq and Others EAT 18-Mar-2011
EAT EQUAL PAY ACT – Material Factor Defence and Justification
Two roles (‘IIO’ and ‘SIIO’) amalgamated into a new role (‘SIO’), on the basis that affected employees retain their existing points on the . .
Cited – Haq and Others v The Audit Commission CA 6-Dec-2012
Not upheld . .
Cited – Allonby v Accrington and Rossendale College and others CA 23-Mar-2001
The college failed to renew contracts for lecturers on one year fixed term contracts. A greater proportion of women were subject to such contracts, and the dismissal fell entirely on part time and hourly paid workforce. The condition which the . .
Cited – Wilson v Health and Safety Executive CA 20-Oct-2009
The employer appealed against a finding that it had acted in an equal pay claim in allowing for length of service.
Held: The employer’s appeal was dismissed. Decisions based on length of service tended to discriminate against women, because . .
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. . .
Cited – Cadman v Health and Safety Executive, intervener: Equal Opportunities Commission ECJ 3-Oct-2006
Social Policy – The court considered what went to make up age discrimination: ‘the Court acknowledged that rewarding, in particular, experience acquired which enables the worker to perform his duties better constitutes a legitimate objective of pay . .

Cited by:

Cited – Coll, Regina (on The Application of) v Secretary of State for Justice SC 24-May-2017
The appellant female prisoner asserted that the much smaller number of probation and bail hostels provided for women prisoners when released on licence was discriminatory in leaving greater numbers of women far removed from their families.
Lists of cited by and citing cases may be incomplete.

European, Discrimination

Updated: 08 August 2022; Ref: scu.581352

Brown v Rentokil Ltd: IHCS 10 Mar 1995

Mrs Brown was employed by Rentokil as a driver, transporting and changing ‘Sanitact’ units in shops. In her view, it was heavy work. She told Rentokil that she was pregnant. She had difficulties associated with the pregnancy. From 16 August 1990 onwards, she submitted a succession of four-week certificates mentioning various pregnancy-related disorders. She did not work again after mid-August 1990. Rentokil’s contracts stipulated that, if an employee was absent because of sickness for more than 26 weeks continuously, he or she would be dismissed. On 9 November 1990, Rentokil told her, and confirmed in writing, that half of the 26-week period had run and that her employment would end on 8 February 1991 if, following an independent medical examination, she had not returned to work by then.
She did not go back to work. The parties agree that there was never any question of her being able to return to work before the end of the 26-week period. By letter of 30 January 1991, which took effect on 8 February 1991, she was accordingly dismissed while pregnant. Her child was born on 22 March 1991.
Held: As a preliminary conclusion, it was not sex discrimination where a woman dismissed for absences from illness arising out of pregnancy, but not actual pregnancy. Since the Court of Justice had drawn a clear distinction between pregnancy and illness attributable to pregnancy, Mrs Brown, whose absence was due to illness and who had been dismissed on account of that illness, could not succeed.

Citations:

Times 10-Mar-1995

Statutes:

Sex Discrimination Act 1975 1(1), Employment Protection (Consolidation) Act 1978 33

Jurisdiction:

Scotland

Cited by:

Appeal from – Reversed – Brown v Rentokil Ltd ECJ 30-Jun-1998
Dismissal for any illness associated with pregnancy is for a sex related reason, and is discriminatory, and unlawful irrespective of the contractual right being otherwise applied equally to men suffering illness. Pregnancy is a period during which . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European

Updated: 07 August 2022; Ref: scu.78708

Aldridge v Telecommunications Plc: EAT 1989

Judges:

Wood P

Citations:

[1989] ICR 790, [1989] UKEAT 99 – 88 – 2609, [1990] IRLR 10

Links:

Bailii

Statutes:

Equal Pay Act 1970

Jurisdiction:

England and Wales

Cited by:

Cited – Middlesbrough Borough Council v Surtees and others EAT 24-Aug-2007
EAT Equal Pay Act – Equal value
When an Independent Expert has been appointed by an Employment Tribunal to report on an equal value question, rule 11(4) of Sched 6 to Employment Tribunal Regulations 2004 . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 04 August 2022; Ref: scu.377521

Seldon v Clarkson Wright and Jakes (A Partnership): CA 13 Jul 2009

Application for leave to appeal against claim of age discrimination by law firm on requiring a partner to retire. Granted

Judges:

Pill, Hooper, Wilson LJJ

Citations:

[2009] EWCA Civ 889

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At EAT – Seldon v Clarkson Wright and Jakes EAT 19-Dec-2008
EAT AGE DISCRIMINATION
A partnership had a provision in the Partnership Agreement which required partners to resign at 65 (although they could be kept on by agreement). The cl aimant alleged that this was . .

Cited by:

Leave – Seldon v Clarkson Wright and Jakes (A Partnership) CA 28-Jul-2010
The claimant solicitor said that the compulsory retirement from his partnership on age grounds was discriminatory, and that the UK Regulations had not implemented the Directive fully.
Held: The appeal failed. The purpose of the provision as to . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 04 August 2022; Ref: scu.374419

E, Regina (On the Application of) v Governing Body Of JFS and Another: CA 10 Jul 2009

Judges:

Lord Justice Sedley, Lady Justice Smith and Lord Justice Rimer

Citations:

[2009] EWCA Civ 681

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At First Instance – E v The Governing Body of JFS and Another Admn 3-Jul-2008
The court considered the impact of secular discrimination policy on admissions policies of religious schools.
Held: A school admissions policy which gave priority to children of their designated faith did not discriminate unlawfully either . .
Leave to Appeal – E v The Governing Body of JFS and Another Admn 16-Jul-2008
Application for leave to appeal. . .
Main CA Judgement – E, Regina (On the Application of) v The Governing Body of JFS and Another CA 25-Jun-2009
E challenged the admissions policy of a school which admitted by preference children acknowledged to be Jewish by the Office of their Rabbi. His mother being Jewish by conversion in a progressive synagogue, E was excluded. The claimant suggested . .

Cited by:

Appeal from – E, Regina (On the Application of) v Governing Body of JFS and Another SC 14-Oct-2009
The claimant had successfully challenged the policy of the school as racially discriminatory. He now sought an ancillary order that the respondents should not be allowed to request their costs from the defendant’s appeal whatever the outcome, the . .
See also – E, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination, Costs

Updated: 30 July 2022; Ref: scu.347469

Highland Council v TGWU/Unison and Others: EAT 7 Dec 2007

EAT Equal Pay Act – Out of time
Equal pay claims and statutory grievance procedures. Whether claimants prevented by section 32(2) of the Employment Act 2002 from presenting complaints specifying different comparators from those (if any) specified in grievances. EAT held that Tribunals required to carry out a qualitative assessment to see if comparators in ETI were materially different from comparators in grievances.

Citations:

[2007] UKEAT 0020 – 07 – 0712

Links:

Bailii

Statutes:

Employment Act 2002 32(2)

Citing:

Cited – Shergold v Fieldway Medical Centre EAT 5-Dec-2005
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 24 July 2022; Ref: scu.342117

Murray v The United Kingdom: ECHR 3 Feb 2009

The applicant complained under Articles 8 and 14 of the Convention and Article 1 of Protocol No. 1 that, because he was a man, he was denied social security benefits equivalent to those received by widows.

Judges:

Lech Garlicki, President

Citations:

28045/02, [2009] ECHR 192

Links:

Bailii

Statutes:

European Convention on Human Rights

Human Rights, Benefits, Discrimination

Updated: 22 July 2022; Ref: scu.280476

Gomez-Limon v Instituto Nacional de la Seguridad Social (INSS): ECJ 4 Dec 2008

ECJ Opinion – Principle of equality of treatment of men and women in matters of social security. Calculation of the amount of an invalidity pension – Parental leave.

Citations:

C-537/07, [2008] EUECJ C-537/07 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

Opinion – Gomez-Limon v Instituto Nacional de la Seguridad Social (INSS) ECJ 16-Jul-2009
ECJ Social Policy – Directive 96/34/EC – Framework agreement on parental leave – Entitlements acquired or being acquired at the start of the leave – Continued receipt of social security benefits during the leave . .
Lists of cited by and citing cases may be incomplete.

European, Discrimination, Benefits

Updated: 21 July 2022; Ref: scu.278686

Bracking and Others, Regina (on The Application of) v Secretary of State for Work and Pensions and Another: Admn 24 Apr 2013

‘The claimants are all severely disabled people who are current users of the Independent Living Fund (ILF). They seek judicial review of two decisions of the defendant Secretary of State. The first is the consultation engaged in between July and October 2012 as to the impact of the proposed closure of the ILF and the second is the decision made in December 2012 to close the fund.’
Held: The request for judicial review was dismissedm

Judges:

Blake J

Citations:

[2013] EWHC 897 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Bracking and Others v Secretary of State for Work and Pensions CA 6-Nov-2013
Application for permission to appeal against refusal of leave to bring judicial review of decision by the respondent to close the Independent Living Fund.
Held: McCombe LJ summarised the application of section 149 of the 2010 Act: ‘1 . . . .
Lists of cited by and citing cases may be incomplete.

Administrative, Discrimination, Benefits

Updated: 19 July 2022; Ref: scu.472949

Kaur and Another, Regina (on the Application of) v London Borough of Ealing and Another: Admn 29 Jul 2008

The applicants, representatives of the Black Sisters, challenged the implementation of a policy allocating grants. The authority required the services sponsored to provise services irrespective of race. The Black Sisters said this would impact disproportionately on black and ethnic minorities.
Held: A Minister must assess the risk and extent of any adverse impact and the ways in which such risk may be eliminated before the adoption of a proposed policy and not merely as a ‘rear guard action’, following a concluded decision.

Judges:

Moses LJ

Citations:

[2008] EWHC 2062 (Admin)

Links:

Bailii

Cited by:

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

Local Government, Discrimination

Updated: 19 July 2022; Ref: scu.276239

E v The Governing Body of JFS and Another: Admn 16 Jul 2008

Application for leave to appeal.

Judges:

Munby J

Citations:

[2008] EWHC 1665 (Admin)

Links:

Bailii

Statutes:

Race Relations Act 1976

Jurisdiction:

England and Wales

Citing:

Principle judgement – E v The Governing Body of JFS and Another Admn 3-Jul-2008
The court considered the impact of secular discrimination policy on admissions policies of religious schools.
Held: A school admissions policy which gave priority to children of their designated faith did not discriminate unlawfully either . .

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 . .
Leave to appeal – E, Regina (On the Application of) v The Governing Body of JFS and Another CA 25-Jun-2009
E challenged the admissions policy of a school which admitted by preference children acknowledged to be Jewish by the Office of their Rabbi. His mother being Jewish by conversion in a progressive synagogue, E was excluded. The claimant suggested . .
Leave to Appeal – E, Regina (On the Application of) v Governing Body Of JFS and Another CA 10-Jul-2009
. .
Cited – E, Regina (On the Application of) v Governing Body of JFS and Another SC 14-Oct-2009
The claimant had successfully challenged the policy of the school as racially discriminatory. He now sought an ancillary order that the respondents should not be allowed to request their costs from the defendant’s appeal whatever the outcome, the . .
See Also – E, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination

Updated: 17 July 2022; Ref: scu.270846

Thompson Ltd and Another v The Bermuda Dental Board: PC 9 Jun 2008

(Bermuda)

Judges:

Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Carswell, Lord Mance, Lord Neuberger of Abbotsbury

Citations:

[2008] UKPC 33

Links:

Bailii

Jurisdiction:

Commonwealth

Cited by:

Cited – Marshall and Others v Deputy Governor of Bermuda and Others PC 24-May-2010
marshall_dgPC10
(Bermuda) The claimants challenged their recruitment by conscription to the Bermuda Regiment on several different grounds. The issues now were whether conscription was lawful only where volunters were insufficient, and whether the acceptance of . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Discrimination

Updated: 17 July 2022; Ref: scu.270797

Wood (Principles Of Community Law): ECJ 5 Jun 2008

ECJ Article 12 EC Discrimination on grounds of nationality Compensation awarded by the Fonds de garantie des victimes des actes de terrorisme et d’autres infractions Not included.

Citations:

C-164/07, [2008] EUECJ C-164/07, [2008] ECR I-4143, [2008] 3 CMLR 11

Links:

Bailii

Jurisdiction:

European

Cited by:

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

Discrimination

Updated: 15 July 2022; Ref: scu.268824

Centrum Voor Gelijkheid Van Kansen En Voor Racismebestrijding v Firma Feryn NV: ECJ 12 Mar 2008

(Social Policy) (Opinion) The defendant company had advertised for workers, but said it was unwilling to employ Morrocans.
Advocate General Maduro expressed the opinion that the Directive must be understood in the framework of a wider policy to foster conditions for a socially inclusive labour market and to ensure the development of democratic and tolerant societies which allow the participation of all persons irrespective of racial or ethnic origin.

Judges:

Advocate General Poiares Maduro

Citations:

C-54/07, [2008] EUECJ C-54/07

Links:

Bailii

Statutes:

Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin

Jurisdiction:

European

Cited by:

Opinion – Centrum Voor Gelijkheid Van Kansen En Voor Racismebestrijding v Firma Feryn NV ECJ 10-Jul-2008
The company declared that it would not employ immigrants to work on certain customers’ houses, saying that the customers would be reluctant to allow access. The Centrum, an anti racist organisation said this was in breach of the Directive, and . .
Cited – Jivraj v Hashwani SC 27-Jul-2011
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 14 July 2022; Ref: scu.266420

Unison GMB v Brennan and others: EAT 19 Mar 2008

EAT Jurisdictional Points
Sex discrimination
Can an employment tribunal make a declaration that the term of a collective agreement is void, pursuant to section 77 of the Sex Discrimination Act, at the behest of a claimant who can bring proceedings under the Equal Pay Act for breach of the equality clause, where if the claim succeeds, it necessarily involves a finding that the term was unlawfully discriminatory? The EAT held that they can.

Citations:

[2008] UKEAT 0580 – 07 – 1903, [2008] ICR 955, [2008] IRLR 492

Links:

Bailii

Statutes:

Sex Discrimination Act 1975 77

Jurisdiction:

England and Wales

Cited by:

Cited – Brennan and others v Sunderland City Council Unison GMB EAT 16-Dec-2008
No Waiver for disclosure of Advice
EAT PRACTICE AND PROCEDURE: Admissibility of evidence
The claimant sought disclosure of certain legal advice on the basis that its effect, and a summary of its contents, had been put before the court and . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 14 July 2022; Ref: scu.266415

Unwin v Sackville School and Another: EAT 1 Feb 2000

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.

Judges:

Peter Clarke HHJ

Citations:

[2000] UKEAT 1068 – 98 – 0102

Links:

Bailii

Statutes:

Sex Discrimination Act 1975

Jurisdiction:

England and Wales

Citing:

See Also – Unwin v Sackville School and Another EAT 30-Jul-1997
. .
See Also – Unwin v Sackville School and Another EAT 1-Mar-1998
. .
See Also – Unwin v Sackville School and Another EAT 15-Dec-1999
EAT Procedural Issues – Employment Tribunal . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 13 July 2022; Ref: scu.264845

Begum, Regina (on the Application of) v Denbigh High School: Admn 15 Jun 2004

A schoolgirl complained that she had been excluded from school for wearing a form of attire which accorded with her Muslim beliefs.
Held: The school had made great efforts to establish what forms of wear were acceptable within the moslem community, and set uniform standards accordingly. However sincere her religious beliefs, the claimant had chosen not to comply with the school rules, and had excluded herself.

Citations:

[2004] EWHC 1389 (Admin), Times 18-Jun-2004, [2004] ELR 374

Links:

Bailii

Statutes:

European Convention on Human Rights 9

Jurisdiction:

England and Wales

Citing:

Cited – Regina on Application of A v Head Teacher of Penlan School And; Governors of Penlan School and and City and County of Swansea Admn 31-Aug-2001
A school wrote a letter to a child’s parents saying that he would be permanently excluded after verbal violence against a teacher. This was said to have followed earlier serious and repeated problems of indiscipline. His appeal was successful, and . .
Cited – Campbell and Cosans v The United Kingdom ECHR 25-Feb-1982
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and . .
Cited – Kokkinakis v Greece ECHR 25-May-1993
The defendant was convicted for proselytism contrary to Greek law. He claimed a breach of Article 9.
Held: To say that Jehovah’s Witness were proselytising criminally was excessive. Punishment for proselytising was unlawful in the . .
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 – Finland ECHR 3-Dec-1996
(Commission) An employee of the Finnish State Railways was dismissed for failing to respect his working hours on the basis that to work after sunset on a Friday was forbidden by the Seventh Day Adventist Church, of which he was a member.
Held: . .
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 – Silver And Others v The United Kingdom ECHR 25-Mar-1983
There had been interference with prisoners’ letters by prison authorities. The Commission considered Standing Orders and Circular Instructions in relation to restrictions on correspondence. The rules were not available to prisoners and were . .
Cited – Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2 ECHR 9-Feb-1967
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French.
Held: In establishing a system or regime to . .
Cited – Ali v The Head Teacher and Governors of Lord Grey School CA 29-Mar-2004
The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act.
Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and . .
Cited – In re L (a minor by his father and litigation friend); Regina v Governors of J School, ex parte L HL 27-Feb-2003
A pupil had been excluded from school, then ordered to be re-instated by the independent appeal panel. The teachers’ union objected to his return to the school. The head-teacher arranged for him to be taught and supervised at school by a non-union . .

Cited by:

Appeal from – SB, Regina (on the Application of) v Denbigh High School CA 2-Mar-2005
The applicant, a Muslim girl sought to be allowed to wear the gilbab to school. The school policy which had been approved by Muslim clerics prohibited this, saying the shalwar kameeze and headscarf were sufficient. The school said she was making a . .
At First Instance – 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 . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination

Updated: 13 July 2022; Ref: scu.198223

Zalewska v Department for Social Development: CANI 9 May 2007

Citations:

[2007] NICA 17

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

At CANI – Zalewska v Department for Social Development HL 12-Nov-2008
(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two . .
Lists of cited by and citing cases may be incomplete.

Discrimination

Updated: 12 July 2022; Ref: scu.261653

McClintock v Department of Constitutional Affairs: EAT 31 Oct 2007

The claimant had resigned as a magistrate after a refusal of his requirement that he not be asked to sit on adoption applications involving same sex couples.
Held: The request was an abdication of the duties of a magistrate, and his claim failed.
EAT Religion or belief
The appellant was a Justice of the Peace. He sat on the Family Panel which, inter alia, places children for adoption. He objected to the possibility that he might be required to place a child with a same sex couple. The reason he gave was that he considered that there was insufficient evidence that this was in the child’s best interests and he felt that children should not be treated like guinea pigs in the name of politically correct legislation.
He asked to be relieved from hearing cases which might raise these issues. Representatives of the respondent refused to allow this and he resigned from the Family Panel. He complained that this was both direct and indirect discrimination and harassment, contrary to the Employment Equality (Religion or Belief) Regulations 2003.
The Tribunal found that on the facts there was no unlawful conduct of any kind. He had not indicated that his objections were rooted in any religious or philosophical belief. There was in fact no direct or indirect discrimination for religious or philosophical reasons, nor any evidence of harassment. Even if there were a criterion adversely impacting on the appellant, the respondent was justified in requiring him to carry out the full duties of the office in accordance with his judicial oath.
The EAT rejected the appeal. The case was dismissed largely on the facts, but in addition the Tribunal was fully entitled to find that any indirect discrimination was justified.

Judges:

Elias J, P

Citations:

[2007] UKEAT 0223 – 07 – 3110, Times 05-Dec-2007, [2008] IRLR 29

Links:

Bailii

Statutes:

Employment Equality (Religion or Belief) Regulations 2003

Jurisdiction:

England and Wales

Cited by:

Cited – McFarlane v Relate Avon Ltd EAT 30-Nov-2009
EAT RELIGION OR BELIEF DISCRIMINATION
UNFAIR DISMISSAL – Reason for dismissal
Christian counsellor dismissed by Relate for failing to give an unequivocal commitment to counsel same-sex couples.
Cited – Grainger Plc and Others v Nicholson EAT 3-Nov-2009
EAT RELIGION OR BELIEF DISCRIMINATION
A belief in man-made climate change, and the alleged resulting moral imperatives, is capable, if genuinely held, of being a philosophical belief for the purpose of the . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 12 July 2022; Ref: scu.261546

Smith v Network Rail Infrastructure Ltd: EAT 24 Apr 2007

EAT Disability Discrimination – Reasonable adjustments
Where a Claimant submits a grievance relating to a continuing discriminatory act, s32 Employment Act 2002, and Schedule 2 para 6 do not require him to serve a further grievance in respect of the same continuing act. The Employment Tribunal was also in error in failing to hold that the duty to make reasonable adjustments under the Disability Discrimination Act 1995 arose when the Claimant became permanently unfit for his existing work.

Judges:

His Honour Judge Serota

Citations:

[2007] UKEAT 0047 – 07 – 2404, UKEAT/0047/07

Links:

Bailii, EATn

Statutes:

Employment Act 2002 32, Disability Discrimination Act 1995

Cited by:

Cited – Step In Time Ltd v Fox and Another EAT 3-Nov-2008
EAT STATUTORY DISCIPLINE AND GRIEVANCE PROCEDURES
Whether infringed
The employment judge held that the two claimants had complied with the statutory grievance procedures and that the Tribunal had . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 10 July 2022; Ref: scu.251665

Swindon Borough Council and Another v MBA: EAT 29 Jan 2007

EAT Race Discrimination – Direct – Finding of direct and indirect discrimination – adequacy of reasoning on each issue. Case remitted to freshly constituted Employment Tribunal.
EAT Race discrimination – Direct/ Indirect/ Inferring discrimination
Finding of direct and indirect discrimination – adequacy of reasoning on each issue. Case remitted to freshly constituted Employment Tribunal.

Judges:

The Honourable Mr Justice Bean

Citations:

[2007] UKEAT 0470 – 06 – 2901, UKEAT/0470/06

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 09 July 2022; Ref: scu.248963

Bromley v H and J Quick Ltd: EAT 28 Jul 1987

The section required a study which necessitated the evaluation of both the complainant’s work and that of her male comparator. It was not good enough that the bench mark jobs had been evaluated if there had been no evaluation of the claimant’s and her comparators’ jobs in the process. In this sense the use of the description ‘analytical’ was not a gloss on the statutory provision but a convenient way of summarising the need for the study to value in terms of demand under various relevant headings, each worker’s job – not just some. It had to be shown not only that a job evaluation scheme had been carried out but also that it was a scheme which fulfilled the necessary criteria.

Citations:

[1987] UKEAT 97 – 87 – 2807, [1988] 2 CMLR 468, [1988] ICR 47, [1987] IRLR 456

Links:

Bailii

Statutes:

Equal Pay Act 1970 1(2)(b)

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 09 July 2022; Ref: scu.248981

Kettle Produce Ltd v Ward: EAT 8 Nov 2006

EAT Sex discrimination – Comparison
When a male manager entered the women’s toilets and shouted at a woman on her break, the correct question which should be asked is this: would the Respondent, in the form of a female manager, with the same robust management style as this manager, treat a male cleaner having the same sensitivity as the Claimant, believed to be skiving, in the same way as he treated the Claimant.
The Employment Tribunal failed to construct the correct comparator. EAT substituted its Judgment and set aside the finding of sex discrimination.

Judges:

His Honour Judge McMullen QC

Citations:

[2006] UKEAT 0016 – 06 – 0811, UKEATS/0016/06

Links:

Bailii, EATn

Statutes:

Sex Discrimination Act 1975 1(1)(a) 5(3)

Jurisdiction:

England and Wales

Citing:

Cited – Shamoon v Chief Constable of the Royal Ulster Constabulary HL 27-Feb-2003
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination.
Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It . .
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 – Macdonald v Ministry of Defence EAT 19-Sep-2000
EAT Sex Discrimination – Direct . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 09 July 2022; Ref: scu.248311

Beecham v Technicolor Disc Services International Ltd: EAT 20 Oct 2006

Sex Discrimination – Jurisdiction
Unfair Dismissal – Exclusions including worker/jurisdiction
Public Interest Disclosure
Employee based in Paris. Whether ERA and SDA jurisdiction excluded. SERCO; SAGGERS (EAT). Challenge to ET findings of fact. No error of law shown. Appeal dismissed.

Citations:

[2006] UKEAT 0362 – 06 – 2010

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 09 July 2022; Ref: scu.247814

Gibbs v Harding and others: ChD 12 Jan 2007

The testatrix left a will anticipating making another. The court was asked whether a clause leaving her estate to ‘be taken over by the Diocese of Westminster to hold in trust for the Black community of Hackney’ was valid.
Held: The gift was capable of being charitable, subject to the application of the 1976 Act. It therefore took effect as a gift to the Roman Catholic Diocese of Westminster on charitable trusts.

Judges:

Lewison J

Citations:

[2007] EWHC 3 (Ch)

Links:

Bailii

Statutes:

Race Relations Act 1976 34

Jurisdiction:

England and Wales

Citing:

Cited – Harrison v Gibson ChD 21-Dec-2005
The husband owned the family home. In a home-made will, he left it ‘in trust for’ his wife. She died leaving differing proportions to each child. On her death the children sought a declaration from the court as to their respective interests.
Cited – Mitford v Reynolds 1842
A gift was made to the native inhabitans of Dacca. It was challenged as being void.
Held: As to whether a gift was charitable, the same principles apply when a particular class of inhabitants of a locality are the beneficiaries as when the the . .
Cited – In Re Dominion Students’ Hall Trust 1947
A trust deed imposed a ‘colour bar’.
Held: The court upheld a scheme which removed the bar. However, notionally there could be two complementary charities ‘one for white and one for coloured students’. These notional trusts were not being . .
Cited – Attorney General v Webster 1875
A trust expressed to be for the benefit of a fluctuating body of individuals, such as the inhabitants of a locality, can only take effect as a charitable trust, if it has effect at all. . .
Cited – Goodman v Mayor of Saltash HL 1882
A gift was made of a right to fish to the freemen of the Borough of Saltash.
Held: The gift was as valid as a charitable gift as would be a gift to the inhabitants of the locality in general. When long and continuous enjoyment is established, . .
Cited – Regina v District Auditor No 3 Audit District of West Yorkshire Metropolitan County Council ex parte West Yorkshire Metropolitan County Council 1986
. .
Cited – McPhail v Doulton (on appeal from In re Baden’s Deed Trusts) HL 6-May-1970
The settlor asked whether the test for validity, in point of certainty of objects, is the same for trusts and powers, or whether the test for trusts is more demanding.
Held: The test is the same. The context was a provision, held to be a . .
Cited – Re Mellody 1918
A gift to the schoolchildren of Turton was as valid a charitable gift as a gift to the inhabitants of the Borough would be. The gift was a gift ‘for purposes beneficial to a section of the community’; and the schoolchildren themselves were ‘a very . .
Cited – In re Smith 1932
A gift ‘unto my country England’ was construed as a charitable gift for the benefit of the inhabitants of England and, by analogy with the cases on gifts to a parish, town or city, as impressed with a trust that it be applied for charitable purposes . .
Cited – In Re Strakosch 1949
The court may construe a gift as impliedly limited to charitable purposes. Lord Greene MR said: ‘In Williams’ Trustees v Inland Revenue Commissioners the House of Lords has laid down very clearly that in order to come within Lord Macnaghten’s fourth . .
Cited – Williams’ Trustees v Inland Revenue Commisioners HL 1947
A trust was created by the memorandum and articles of association of a company. The overall objects of the company were to promote Welsh interests in London. The principal object of the trust was to create a centre in London ‘for promoting the moral . .
Cited – Morice v Bishop of Durham HL 1805
The court was asked whether a gift of residue to be applied ‘to such objects of benevolence and liberality as the Bishop of Durham in his own discretion shall most approve of’ was valid as being confined to purposes that were charitable.
Held: . .
Cited – Glazebrook v University of Leeds ChD 1944
The court upheld a charitable gift despite its uncertainty. . .
Cited – Peggs and Others v Lamb and Others ChD 20-Apr-1993
Where beneficiaries had dwindled and income increased, the class of beneficiaries was extended. A gift to a class of people would be construed to be charitable unless there was something in the gift to exclude the presumption. It had been submitted . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Charity, Discrimination

Updated: 09 July 2022; Ref: scu.247686

Lyfar v Brighton and Sussex University Hospitals Trust: CA 14 Nov 2006

The claimant appealed against rejection of her claim for race discrimination as having been made out of time.

Judges:

Thorpe, Hooper, Hughes LJJ

Citations:

[2006] EWCA Civ 1548

Links:

Bailii

Statutes:

Race Relations Act 1976

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 . .
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 . .
Appeal from – Dr Vivienne Jean Lyfar v Brighton and Sussex University Hospitals Trust EAT 31-Jan-2006
EAT Race Discrimination
The Employment Tribunal Chairman divided the 17 allegations of race discrimination formulated by counsel into 4 periods. These periods were derived from that document. The finding . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 08 July 2022; Ref: scu.246369

Lisa Smith, Regina (on the Application of) v South Norfolk Council: Admn 10 Nov 2006

The claimant gypsies had bought and moved onto land in Norfolk and stayed there in breach of planning enforcement notices. The inspector upheld the notices, but advised the Council of the difficulties in finding sites and had stayed enforcement for a year. The claimants now said that it was unlawful of the council to use its s178 powers to evict them.
Held: The Council had balanced the removal of the group against the extension of time, and took the view that at the expiry of that time, the notices had to be enforced or else the process of enforcement, appeal, and public respect for it would be set at naught. Developments since had made one site available with planning permission, and the decision must be re-considered in the light of the current position. The use of section 178 powers was not disproportionate.

Judges:

Ouseley J

Citations:

[2006] EWHC 2772 (Admin)

Links:

Bailii

Statutes:

Race Relations (Amendment) Act 2000, Town and Country Planning Act 1990 178

Jurisdiction:

England and Wales

Citing:

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 – Regina (O’Brien) v Basildon District Council Admn 2006
There is no inherent restriction on the powers in section 178 to prevent a planning authority using them for the purposes of evicting people using land for a residential purpose in breach of an enforcement notice which had taken effect. It would not . .
Cited – Regina (Yaser Mahmood) v Secretary of State for Home Department Admn 9-Aug-2001
The Home Secretary had served notice that the applicant was an illegal immigrant, and liable to deportation. An order had been made for the cross examination of the applicant. He had come to England to study, but soon dropped his immediate plans. He . .
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 – Secretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
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 – Elias, Regina (on the Application of) v Secretary of State for Defence and Another Admn 7-Jul-2005
. .
Lists of cited by and citing cases may be incomplete.

Planning, Discrimination, Human Rights

Updated: 08 July 2022; Ref: scu.245978

London Borough of Lambeth and others v Corlett: EAT 12 Oct 2006

Race and sexual orientation discrimination claims – whether Dispute Resolution requirements complied with – whether time-barred. Obiter. Whether SGP applies as between Claimant and Respondents other than employer.

Judges:

Peter Clark HHJ

Citations:

[2006] UKEAT 0396 – 06 – 1210, [2007] ICR 88

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 08 July 2022; Ref: scu.245402

Fernandez v The Office of the Parliamentary Commissioner for Administration and Another: EAT 28 Jul 2006

EAT Discrimination – burden of proof – whether Bahl v Law Society still good law – significance of first tribunal’s findings on unfair dismissal claim when second tribunal conducted discrimination hearing following remission by EAT.

Citations:

[2006] UKEAT 0180 – 06 – 2807

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – J Fernandez v The Office of the Parliamentary Commissioner for Administration and the Health Service Commissioner EAT 20-Jul-2006
EAT Race Discrimination – Direct . .
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 . .

Cited by:

Cited – Madarassy v Nomura International Plc CA 26-Jan-2007
The claimant appealed against adverse findings on her claims of sex discrimination. The court considered questions arising from the provisions relating to the transfer of the burden of proof in a discrimination case.
Held: Questions of the . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 07 July 2022; Ref: scu.244142

Humphries v Chevler Packaging Ltd: EAT 24 Jul 2006

EAT The Appellant left her employment and claimed (a) unfair constructive dismissal and (b) disability discrimination. On a preliminary point the ET held the disability discrimination claim was out of time as time ran from the date the employer made it clear no further adjustment could be made and not from the date of termination of employment. ET further held it would not extend time.
Held: the decision as to the time limit was correct and the ET was entitled not to extend time.
Reid J said: ‘the failure to make adjustments is an omission. The respondents are omitting to do what (on the appellant’s case) they are obliged to do. They are not doing any act, continuing or otherwise.’ and ‘There is no requirement of motive in paragraph 3(3) and (4) as is suggested by the Claimant. Under paragraph 3(3)(c) the question is whether there has been a decision not to do something. If there has been an inconsistent act, then (in absence of evidence to the contrary) the paragraph provides that the decision is to be taken as having been made when the inconsistent act is done. If there is no inconsistent act, then the person is taken (to paraphrase) to have decided upon the omission at the end of a reasonable time. Thus, in the absence of evidence to the contrary, if there is no evidence of a deliberate decision, a deliberate decision is imputed to the person.’

Judges:

His Honour Judge Reid QC

Citations:

[2006] UKEAT 0224 – 06 – 2407

Links:

Bailii

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 . .

Cited by:

Cited – Matuszowicz v Kingston Upon Hull City Council CA 10-Feb-2009
The appellant was employed as a teacher. He became disabled on losing part of his arm. He had been located at a prison and was unable to manage the heavy doors. He complained that the respondent had not made reasonable adjustments by transferring . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 07 July 2022; Ref: scu.243443

Network Rail Infrastructure Ltd v Griffiths-Henry: EAT 23 May 2006

EAT Race Discrimination – Inferring discrimination; Burden of proof
Sex and race discrimination. Was the Tribunal entitled to find that Claimant had established a prima facie case? If so, did it properly analyse the nature of the legal burden on the employer once the onus of proof had shifted? The Employment Appeals Tribunal (EAT) answered yes to the former and no to the latter. Observations on whether a Tribunal should indicate whether it is making a finding of conscious or unconscious discrimination.
EAT Race Discrimination – Inferring discrimination; Burden of proof
Sex and race discrimination. Was the Tribunal entitled to find that Claimant had established a prima facie case? If so, did it properly analyse the nature of the legal burden on the employer once the onus of proof had shifted? The Employment Appeals Tribunal (EAT) answered yes to the former and no to the latter. Observations on whether a Tribunal should indicate whether it is making a finding of conscious or unconscious discrimination.

Judges:

Elias J P

Citations:

[2006] UKEAT 0642 – 05 – 2305, [2006] IRLR 865, UKEAT/0642/05

Links:

Bailii, EAT

Cited by:

Cited – Madarassy v Nomura International Plc CA 26-Jan-2007
The claimant appealed against adverse findings on her claims of sex discrimination. The court considered questions arising from the provisions relating to the transfer of the burden of proof in a discrimination case.
Held: Questions of the . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 06 July 2022; Ref: scu.242596

Unison v Jervis: EAT 29 Mar 2006

EAT Sex Discrimination
Race Discrimination
Employee brought discrimination claims against employer – TU declined support – TU official gave evidence for respondents – ET rejected subsequent discrimination claims against TU based on refusal of support and the fact of official giving evidence but upheld claims based on providing witness statement to employer’s solicitors – no evidence to show even prima facie that this was discriminatory – TU’s appeal allowed and claims dismissed.

Judges:

The Honourable Mr Justice Bean

Citations:

[2006] UKEAT 0134 – 06 – 2903, UKEAT/0134/06

Links:

Bailii, EATn

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 06 July 2022; Ref: scu.241629

Richards v Secretary of State for Work and Pensions (Social Policy): ECJ 27 Apr 2006

Ms Richards, previously a married male, had undergone gender re-assignment surgery. She remained married thereafter. Ms Richards applied to the DWP for a pension from the age of 60. That was refused by the Secretary of State for the Department of Work and Pensions (‘SSWP’), so Ms Richards appealed to a Social Security Commissioner. In October 2004 the Commissioner applied to the ECJ for a preliminary ruling on whether the SSWP’s refusal was lawful under the terms of Council Directive 79/7/ EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security.
Held: On the correct interpretation of Articles 4 and 7 of Directive 79/7/EC the refusal of a retirement pension to a male to female transsexual until the age of 65 was prohibited if that person would have been entitled to such a pension at the age of 60 had she been held to be a woman as a matter of national law. Ms Richards was entitled to receive a state pension from the age of 60.

Citations:

Times 05-May-2006, C-423/04, [2006] EUECJ C-423/04, [2006] ECR I-3585, [2006] Fam Law 639, [2006] 3 FCR 229, [2006] 2 CMLR 49, [2006] CEC 637, [2006] Pens LR 123, [2006] ICR 1181, [2006] 2 FLR 487, [2006] All ER (EC) 895

Links:

Bailii

Statutes:

Council Directive 79/7/ EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security

Jurisdiction:

European

Cited by:

Cited – Timbrell v Secretary of State for Work and Pensions CA 22-Jun-2010
The claimant had undertaken male to female treatment including surgery and lived as a woman, though continuing to live with her wife. She sought payment of a pension at 60, but was refused. The regulations required a gender recognition certificate . .
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.

Discrimination, Benefits

Updated: 06 July 2022; Ref: scu.241324

Sandra Williams v Home Office: CA 27 Jul 2005

Judges:

Auld LJ, Tuckey LJ, Maurice Kay LJ

Citations:

[2005] EWCA Civ 1648

Links:

Bailii

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

Discrimination, Employment

Updated: 05 July 2022; Ref: scu.238602

Carmen Sarkatzis Herrero v Instituto Madrileno de la Salud (Imsalud): ECJ 16 Feb 2006

ECJ Directive 76/207/EEC – Equal treatment for men and women – Maternity leave – Access to the career of official – Temporary servant on maternity leave who gains a permanent post after taking part in a competition – Calculation of seniority.

Citations:

C-294/04, [2006] EUECJ C-294/04

Links:

Bailii

Jurisdiction:

European

Discrimination

Updated: 05 July 2022; Ref: scu.238548

Hamill v Islington: EAT 24 Nov 2005

EAT Race Discrimination and Practice and Procedure
Full hearing. Employment Tribunal failed to deal with one aspect of Claimant’s victimisation claim. Remitted to same Employment Tribunal (Sinclair Roche considered) for determination of specific issue.

Judges:

Per Clark HHJ

Citations:

[2005] UKEAT 0409 – 05 – 2411

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 05 July 2022; Ref: scu.238261

Barnes v The Commissioner of the Metropolis Independent Police Complaints Commission: EAT 14 Nov 2005

EAT Race Discrimination: Out of Time
The Tribunal’s approach to the question whether it was just and equitable to consider the Appellant’s complaint out of time was not contrary to the basis agreed at the prior Case Management Discussion.
The Tribunal’s conclusions, read with the submissions which underlay them, did not err in law and were not mutually inconsistent.

Judges:

His Honour Judge Richardson

Citations:

UKEAT/0474/05, [2005] UKEAT 0474 – 05 – 1411

Links:

Bailii, EATn

Jurisdiction:

England and Wales

Discrimination, Employment

Updated: 05 July 2022; Ref: scu.238259

Sinclair Roche and Temperley (A Firm ) v Heard, Fellows: EAT 21 Nov 2005

EAT Practice and Procedure: Disclosure, Costs and Disposal of Appeal
Appeal against interlocutory orders by ET Chairman debarring reliance on some disclosed documents and ordering costs against the Appellant: and restoration of earlier adjourned application for Review of the decision by the EAT, when allowing the original appeal, to remit the appeal to the same Tribunal. Appeal allowed in respect of debarring order and costs: order was flawed as being in substitution for an earlier order which should plainly not have been granted and as made without consideration of the correct legal approach to prejudice caused by late disclosure, in terms of effect on a fair trial and prejudice caused by debarring the evidence: costs order made in respect of the hearing could not be justified on grounds of unreasonable conduct by the Appellant, but was due to the need to revoke the earlier inappropriate order.
On the restored application for Review, order reviewed so as to remit the appeal to a freshly-constituted Tribunal, on the grounds that the Sinclair Roche requirements for the exceptional step of remitting to the same Tribunal were not, in the light of subsequent events, now satisfied.

Judges:

The Honourable Mr Justice Burton (President)

Citations:

UKEAT/0637/05, [2005] UKEAT 0637 – 05 – 2111

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Citing:

See Also – Sinclair Roche and Temperley and others v Heard and Another EAT 22-Jul-2004
EAT Sex discrimination claim by former partners against the partnership and individual partners: direct discrimination (in both cases) and indirect discrimination (in one) found by ET.
(i) ET must, if . .
See Also – Sinclair Roche and Temperley (A Firm) v Heard, Fellows EAT 12-Apr-2005
EAT Practice and Procedure
Employment Tribunal Chairman, after a Case Management and Directions Hearing to delineate issues and set timetable for May hearing, delayed for three months before delivering . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 04 July 2022; Ref: scu.236495

1 Pump Court Chambers v Horton: EAT 2 Dec 2003

The chambers appealed a finding of discrimination, saying that a pupil was not a member of the set so as to qualify under the Act.
Held: The barristers set or chambers was a trade organisation, but the position of a pupil barrister was not that of a member of that chambers so as to attract protection within the Act.
EAT Disability Discrimination – Disability.

Judges:

The Honourable Mr Justice Burton (P)

Citations:

UKEAT/775/03, Times 14-Apr-2004, [2003] UKEAT 0775 – 03 – 0212

Links:

Bailii, EAT

Statutes:

Disability Discrimination Act 1995 13(4)

Jurisdiction:

England and Wales

Citing:

Cited – General Medical Council v H Cox EAT 22-Mar-2002
Miss Cox claimed that the Council had not made a proper adjustment so as to allow her to work for them despite her disability. The Council asserted as a preliminary point that they were not a trade organisation within the sections, and so were not . .
Cited – Jones v Secretary of State for Social Services; Jones v Hudson HL 1972
Unsatisfactory decisions of the highest court could cause uncertainty because lower courts tend to distinguish them on inadequate grounds.
One possible source of law is ‘informed professional opinion’. The word ‘final’ can denote different . .
Cited – Tower Boot Company Limited v Jones CA 11-Dec-1996
An employer’s liability for racial abuse by its employees is wider than its liability under the rules of vicarious liability. The statute created new obligations. Sex and race discrimination legislation seeks to eradicate the ‘very great evil’ of . .
Cited – Goodwin v Patent Office EAT 3-Feb-1999
Tribunals looking at Disability Discrimination should check the four factors in the Act without losing the overall picture. Assistance was available from the WHO Classification of Diseases. Being able to carry out a task did not mean ability was not . .
Cited – Royal College of Nursing of the United Kingdom v Department of Health and Social Security HL 2-Jan-1981
The court was asked whether nurses could properly involve themselves in a pregnancy termination procedure not known when the Act was passed, and in particular, whether a pregnancy was ‘terminated by a medical practitioner’, when it was carried out . .
Cited – Fitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
Cited – Relaxion Group plc v Rhys-Harper; D’Souza v London Borough of Lambeth; Jones v 3M Healthcare Limited and three other actions HL 19-Jun-2003
The court considered whether discriminatory acts after the termination of employment were caught by the respective anti-discrimination Acts. The acts included a failure to give proper references. They pursued claims on the basis of victimisation . .
Cited – Aziz v Trinity Street Taxis Ltd CA 26-Feb-1988
An Asian member of the respondent association of taxi cab operators secretly recorded conversations with other members to gather evidence for a claim under the Act. He was expelled from the association for this conduct. He alleged race . .
Cited – General Medical Council v H Cox EAT 22-Mar-2002
Miss Cox claimed that the Council had not made a proper adjustment so as to allow her to work for them despite her disability. The Council asserted as a preliminary point that they were not a trade organisation within the sections, and so were not . .
Appealed to – Higham of 1 Pump Court Chambers v Horton CA 15-Jul-2004
The claimant said he had suffered disability discrimination at the hands of the defendant, a barristers set. He had been accepted as a pupil, but then applied for a deferral which was refused. It was agreed that the set of chambers was a trade . .

Cited by:

Appeal from – Higham of 1 Pump Court Chambers v Horton CA 15-Jul-2004
The claimant said he had suffered disability discrimination at the hands of the defendant, a barristers set. He had been accepted as a pupil, but then applied for a deferral which was refused. It was agreed that the set of chambers was a trade . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Legal Professions, Employment

Updated: 04 July 2022; Ref: scu.194198

Cook v South Thames (Wholesale): EAT 25 Oct 2005

Unfair Dismissal and Race Discrimination
When considering on a claim for unfair dismissal by reason of redundancy, the Tribunal gave no reasons relating to section 98(4) except on the Polkey issue.
The Tribunal did not err in law in rejecting a claim of race discrimination.

Judges:

Richardson HHJ

Citations:

[2005] UKEAT 0349 – 05 – 2510

Links:

Bailii

Employment, Discrimination

Updated: 04 July 2022; Ref: scu.235053

Shah v Haden Building Management Ltd: EAT 28 Sep 2005

The tribunal had served a pre-hearing notice on employment dispute consultants who had acted for the claimant, but who had reserved their position in correspondence with the employers, and had asked that any documents be served on the claimant direct. The claimant did not attend, and her claim was struck out.
Held: The letter had been put before the tribunal, but the firm had in other respects held themselves out as acting for her, and the service was good.

Judges:

His Honour Judge Ansell

Citations:

[2005] UKEAT 0400 – 05 – 2809, UKEAT/0400/05, Times 02-Nov-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Kyamanywa v London Borough of Hackney CA 5-Jun-2003
An issue was whether a notice had been sent to solicitors as the authorised representative of the Appellant. The Appellant had occasionally used one firm of solicitors but at other times she had acted in person at the hearing and also when . .
Cited – Weir Valves and Controls (UK) Ltd v Armitage EAT 15-Oct-2003
EAT Practice and Procedure – Case Management
In considering whether or not to strike out or impose some lesser remedy the guiding consideration was the overriding objective which required justice to be done . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 04 July 2022; Ref: scu.231372

Smiths Detection – Watford Ltd v Berriman: EAT 9 Aug 2005

EAT The Employment Tribunal was wrong to find that the Respondent had discriminated against the Claimant under Section 6(1) of the Disability Discrimination Act 1995 because it omitted to find what arrangements made by or on behalf of the Respondent, or which physical feature of the Respondent’s premises, placed the Claimant at a substantial disadvantage.
The Employment Tribunal found that reasonable adjustments could have been made although there was no evidence to support the finding and the finding was contrary to the medical evidence.

Judges:

His Honour Judge D Serota QC

Citations:

UKEAT/0712/04, [2005] UKEAT 0712 – 04 – 0908, UKEAT/0144/05

Links:

Bailii, EATn, EATn

Statutes:

Disability Discrimination Act 1995 6(1)

Cited by:

Cited – London Borough of Camden v Price-Job EAT 18-Dec-2007
EAT Disability discrimination – Reasonable adjustments/Justification
1. The employers appealed against two findings by the Tribunal that they had failed to make reasonable adjustments for her disability and . .
Cited – Dundee City Council v Malcolm EAT 25-Jul-2008
EAT SEX DISCRIMINATION: Vicarious liability
Sexual harassment claim by an employee of an education authority. Circumstances in which tribunal had misdirected itself as to its own prior judgment and erred in . .
Cited – Stafford and Rural Homes Ltd and Another v Hughes EAT 9-Mar-2009
EAT DISABILITY DISCRIMINATION: Reasonable adjustments
Effect of Malcolm: on the facts of the case the decision in Malcolm did not make any difference to the conclusion. There is no requirement in law to set . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment

Updated: 04 July 2022; Ref: scu.231131