Equality, diversity and human rights
An employer who instructed staff at a jobcentre to supply only female applicants for a vacant receptionist post acted unlawfully, holds a Leicester industrial tribunal (Chair: D R Sneath) in Equal Opportunities Commission v Bull t/a Arkwrights Night Club.
In Cobham v Forest Healthcare NHS Trust the EAT says that it is bound to follow the test of vicarious liability laid down by the Court of Appeal in Irving v The Post Office.
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.
A woman who was sexually harassed by an outside contractor did not have a remedy either against her employer or against the contractor, according to a Glasgow industrial tribunal in Henderson v (1) McMillan Flooring Distributors Ltd and (2) Alatsaris t/a MA Decorators because the outside contract did not require the work to be personally executed by the harasser.
In London Underground Ltd v Edwards the EAT has held that in determining whether an indirectly discriminatory requirement or condition was applied with the intention to treat a woman less favourably on grounds of sex, so as to permit an award of compensation, intention can be inferred from an employer's knowledge of the unfavourable consequences for the claimant as a woman.
In addition to awarding £2,500 for injury to feelings, a Manchester industrial tribunal (Chair: C Porter) in Ruizo v (1) Tesco Stores Ltd and (2) Lea awards a further £1,500 aggravated damages for the employer's lack of contrition and continuing failure to address or alleviate the problem of racial abuse.
In Campbell v Datum Engineering Co Ltd a Birmingham industrial tribunal recommends that a firm found to have unlawfully discriminated on grounds of race should take steps such as introducing a formal racial harassment procedure, providing recruitment training for all managers and giving consideration to the eradication of pay anomalies in order to avoid future race claims.
In Meade-Hill and another v The British Council, the Court of Appeal holds that the inclusion of a mobility clause in a married woman's contract of employment constituted indirect discrimination against her as a woman under the Sex Discrimination Act 1975.
A bar worker dismissed for complaining about the playing of a video recording which included racist jokes was unlawfully discriminated against, rules a Manchester industrial tribunal (Chair: J M Q Hepworth) in Ampadu v Mullane.
The failure to offer a non-Muslim Bosnian a work experience placement with Bosnian Muslim refugees was discrimination on grounds of religion and thus not unlawful, rules a Reading industrial tribunal (Chair: J G Hollow) in Kesar v (1) British Red Cross (2) Refugee Council.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.