Employment law cases

All items: Equality, diversity and human rights

  • Black trainee solicitor unlawfully dismissed

    Date:
    1 December 1994

    A black trainee solicitor who was dismissed when she failed her Law Society finals was unlawfully discriminated against on grounds of race, rules a Leicester industrial tribunal (Chair: P D Williams) in Lindsay v Ironsides Ray & Vials.

  • ECJ rules on pension discrimination

    Date:
    1 December 1994

    The European Court of Justice has handed down its rulings in six cases on issues relating to sex equality and occupational pension schemes in light of the decision in Barber v Guardian Royal Exchange Assurance Group EOR32A.

  • "Nimble fingers": women wanted

    Date:
    1 December 1994

    An employer who told the Employment Service that he wanted job vacancies to be filled by women "because of their nimble fingers", did not attempt to procure an unlawful act, according to a Birmingham industrial tribunal (Chair: A C Tickle) in Equal Opportunities Commission v (1) Storey and Bloor (2) JES Manufacturing Co.

  • Harassment "in the course of employment"

    Date:
    1 December 1994

    Racial and sexual harassment can pose questions of whether the employer should be held legally liable, as Harding v Dale Joinery Ltd Brannen v Frigoscandia (Grimsby) Ltd and Chisnall Cumberbatch v Hickson and Department of Social Security illustrate.

  • Cannock decision criticised

    Date:
    1 December 1994

    In Bristow v Secretary of State for Defence a London South industrial tribunal (Chair: T J Mason) has expressed doubt about aspects of the guidance given by the EAT in Ministry of Defence v Cannock and others EOR57E on assessing compensation for servicewomen who were dismissed contrary to EC law because of their pregnancy.

  • Discriminatory dismissal damaged health

    Date:
    1 December 1994

    A car salesman whose health suffered as a direct result of sex discrimination when he was dismissed because he was a man is awarded £15,000 compensation, including £5,000 for injury to feelings, by a Birmingham industrial tribunal (Chair: J K Macmillan) in Smith v Swithland Motors plc.

  • £8,000 injury to feelings award for maternity leaver

    Date:
    1 December 1994

    In McClenaghan and Rice v British Shoe Corporation Ltd a Belfast industrial tribunal (Chair: E McBride) awards £11,455 compensation, including £8,000 for injury to feelings, to a maternity leaver who suffered "severe depression" following her dismissal when illness prevented her from returning to work within the statutory period.

  • Race discrimination: Non-recognition of African service was not on "racial grounds"

    Date:
    1 December 1994

    East African Asian employees of a UK bank who were required to waive their right to have their African service with a "group" employer credited for pension purposes, had not suffered race discrimination, holds the Court of Appeal in Barclays Bank plc v Kapur and others.

  • Compensation for unintentional indirect discrimination

    Date:
    1 September 1994

    Compensation for unintentional indirect sex discrimination is payable under the Equal Treatment Directive, rules a London South industrial tribunal (Chair: E R Donnelly) in Tickle v Governors of Riverview CF School and Surrey County Council.

  • Transsexual comparator permitted under Article 119

    Date:
    1 September 1994

    In Collins v Wilkin & Chapman, a Nottingham industrial tribunal rules that an equal pay claim may be brought under EC law where the comparator is perceived to be of the opposite sex but is the same sex biologically. In P v S and Cornwall County Council, a Truro industrial tribunal seeks guidance from the European Court of Justice on whether the Equal Treatment Directive prohibits discrimination against a transsexual.

About this category

Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.