Equality, diversity and human rights
In Brunnhofer v Bank der osterreichischen Postsparkasse AG1 the European Court of Justice rules that in comparing the pay of men and women for the purposes of an equal pay claim, the fact that the employees concerned are classified in the same job category under a collective agreement is not in itself sufficient to lead to a conclusion that they perform the same work or work of equal value.
In Fasipe v London Fire and Civil Defence Authority a London South employment tribunal (Chair: G H K Meeran) has awarded compensation of £224,949 for race discrimination and victimisation.
In Ekpe v Commissioner of Police of the Metropolis, the EAT reverses an employment tribunal's decision that a woman with an impairment of her right hand, constituting a weakness of some of the muscles required for its full function, did not have a disability for the purposes of the Disability Discrimination Act 1995.
In HM Prison Service v Salmon, the EAT upholds an award of £20,000 for injury to feelings, including £5,000 aggravated damages, and a separate, undiscounted award of £15,000 for psychiatric injury, made by an employment tribunal that had partially upheld a former prison officer's complaint of unlawful sex discrimination.
In Anya v University of Oxford the Court of Appeal has ruled that where an employer behaves unreasonably towards a black employee, it is an error of law for a tribunal to direct itself that an inference of race discrimination is not to be drawn, without more, because the employer might very well behave in a similarly unreasonable fashion to a white employee.
In Anirah v Asda Stores Ltd a Stratford employment tribunal (Chair: V K Gay) rejects an employer's defence that in creating and publishing an equality policy and training its staff, it had taken such steps as were reasonably practicable to prevent one of its male managers from discriminating on the grounds of sex.
In Anyanwu and another v South Bank Student Union and another (Commission for Racial Equality intervening), the House of Lords holds that the word "aids" in s.33(1) of the Race Relations Act 1976 is a familiar word in everyday use that bears no technical or special meaning in this context.
In Cave v Goodwin and another, the Court of Appeal confirms that an employer's refusal to allow a friend of an employee with a learning disability to accompany him at a disciplinary hearing did not place him at a "substantial" disadvantage in comparison with non-disabled persons.
In Hallam and another v Cheltenham Borough Council and others [2001] IRLR 312 HL, the House of Lords held that in order for there to be liability for knowingly aiding discrimination under the Race Relations Act 1976, section 33(1) there must be "more than a general attitude of helpfulness and co-operation".
The principle of equal pay under Community law does not require that women should continue to receive full pay during maternity leave, holds the European Court of Justice in Gillespie and others v Northern Health and Social Services Board and others.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.