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Davies v Farnborough College of Technology [2008] IRLR 14
(1 report relating to this case)
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- Date:
- 14 April 2008
In Davies v Farnborough College of Technology [2008] IRLR 14, the EAT held that a dismissal that involved a breach of step two of the statutory dismissal and disciplinary procedure was automatically unfair, even though a full and proper appeal had been heard. The tribunal was wrong to find that the appeal "cured" the defect in the original hearing. However, it was clear that a dismissal would have occurred even if the procedure had been properly followed, so the compensatory award was set at zero.
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Davies v Neath Port Talbot County Borough Council [1999] IRLR 769 EAT
(1 report relating to this case)
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- Date:
- 1 December 1999
An employer contravened the principle of equal pay for equal work contained in Article 141 of the Treaty of Rome when it paid a part-time employee who attended a full-time union training course her normal part-time pay rather than payment for the hours actually spent attending the course, holds the EAT in Davies v Neath Port Talbot County Borough Council.
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Davies v Secretary of State for Social Security [1994] IT/43819/93
(1 report relating to this case)
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- Date:
- 1 June 1995
Even if the applicant's allegations of sexual harassment were true, the employer, which had a "comprehensive" complaints procedure that the applicant failed to make use of, would have escaped liability by virtue of the defence in s. 41(3) of the Sex Discrimination Act 1975, rules a Birmingham industrial tribunal in Davies v Secretary of State for Social Security.
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Day v T Pickles Farms Ltd [1999] IRLR 217 EAT
(1 report relating to this case)
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- Date:
- 15 March 1999
In Day v T Pickles Farms Ltd, the EAT holds that an employer who failed to make an assessment of the risks to the health and safety of a woman of child-bearing age employed in a sandwich shop no later than the date she started working there, and certainly before she became pregnant, could thereby have subjected her to a "detriment" within the meaning of the Sex Discrimination Act 1975.
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DC Foot v Eastern Counties Timber Co Ltd East Harling [1972] IRLR 83b IT
(1 report relating to this case)
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De Grasse v Stockwell Tools Ltd [1992] IRLR 269 EAT
(1 report relating to this case)
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- Date:
- 1 June 1992
In De Grasse v Stockwell Tools Ltd [1992] IRLR 269 EAT, the EAT held that the Industrial Tribunal had erred in holding that the appellant employee's dismissal on grounds of redundancy was fair, notwithstanding that there had been no prior consultation or warning.
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Deane v London Borough of Ealing and another [1993] IRLR 209 EAT
(1 report relating to this case)
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- Date:
- 1 July 1993
An industrial tribunal has no power to award exemplary damages in a discrimination case, holds the EAT in Deane v London Borough of Ealing and another, following the ruling of the Court of Appeal in Gibbons and others v South West Water Services Ltd.
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Deb-Gupta v The Board of Governors Beech Hill Infant School and Bedfordshire County Council [1994] IT/48188/92
(1 report relating to this case)
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- Date:
- 1 December 1994
In Deb-Gupta v The Board of Governors Beech Hill Infant School and Bedfordshire County Council a Bedford industrial tribunal rules that an Asian teacher who was unsuccessful in her application for promotion in a predominantly Asian school, despite having greater experience of multi-cultural education and in acting-up in senior positions than the successful white candidate, was unlawfully discriminated against.
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Defrenne v Sabena (No.2) [1976] ECR 455 ECJ
(1 report relating to this case)
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- Date:
- 31 December 1976
In Defrenne v Sabena (No.2) [1976] ECR 455 ECJ, the European Court of Justice held that member states are bound to ensure and maintain the principle of equal pay for equal work as enshrined in Article 119 of the Treaty of Rome. It also held that in cases of direct discrimination, whether by the actions of public authorities or not, Article 119 is directly applicable to national law and gives rise to rights that national courts must protect.
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Degnan and others v Redcar and Cleveland Borough Council [2005] IRLR 615 CA
(1 report relating to this case)
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- Date:
- 3 February 2006
We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.