Equality, diversity and human rights
In Meade-Hill and another v British Council (7 April 1995), the Court of Appeal holds that a contractual mobility clause was capable of challenge on grounds that it was indirectly sex discriminatory, notwithstanding that the term had not yet been invoked, and that it was a term with an adverse impact upon women because a higher proportion of women than men are secondary earners who would find it impossible to move their workplace to a destination which involved a change of home. The Court of Appeal does not deal, however, with whether the mobility clause was justifiable.
In McKay v Northern Ireland Public Service Alliance (No.2) the Fair Employment Tribunal (President: J Maguire) upholds a complaint of discrimination on grounds of political opinion by an applicant for a seconded trade union post.
A black prison officer who was subjected to "a campaign of appalling treatment" over a period of almost two years is awarded compensation of £28,500, including a record £21,000 for injury to feelings, by a London South industrial tribunal (Chair: E R Donnelly) in Johnson v (1) Armitage (2) Marsden (3) HM Prison Service.
In Barry v Midland Bank plc a London South industrial tribunal (Chair: E R Donnelly) rules that a voluntary severance payment scheme, which failed to take account any full-time service a part-time worker may have had, was not unlawfully indirectly discriminatory because most women worked full-time rather than part-time.
A university lecturer was unlawfully victimised for bringing race discrimination proceedings against his employer when his application for promotion was unfairly considered and when he was placed last on a list of people entitled to performance-related pay so that he stood little or no chance of receiving such pay, rules a London South industrial tribunal (Chair: G H K Meeran) in Majid v London Guildhall University.
An employee who had made a race discrimination complaint was later unlawfully victimised when he was not, in accordance with normal practice, informed why his application for promotion had been unsuccessful, rules a Manchester industrial tribunal (Chair: C T Grazin) in Shah v Rochdale Metropolitan Borough Council.
In Ratcliffe and others v North Yorkshire County Council the House of Lords upholds a finding that women school catering assistants were entitled to receive the same rate of pay as their male comparators employed by the council on work rated as equivalent.
£35,000 compensation has been awarded by a Glasgow industrial tribunal (Chair: C M Milne) in Given v Scottish Power plc to a woman who resigned after being denied her request to jobshare.
A jobsharer who was only permitted to return to work after maternity leave on a full-time basis was unlawfully discriminated against, rules a Glasgow industrial tribunal (Chair: S F R Patrick) in Watt v Ballantyne & Copeland.
In Overton v Nuclear Electric plc a Bristol industrial tribunal (Chair: C G Toomer) finds that there was no indirect discrimination in an employer's failure to offer a payment for accepting new terms and conditions to employees on career breaks.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.