Equality, diversity and human rights
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.
The European Court of Justice has been asked by an Ashford industrial tribunal (Chair: G W Davis) in Rudling v PSA Services and another to rule on the proper test to be applied under EC law in order to determine whether a practice has a disparate impact upon women.
In Khayum v Pakistan Muslim Centre a Sheffield industrial tribunal (Chair: J M Q Hepworth) rules that Pushtuns are not a "racial group" as defined by the Race Relations Act.
Rejecting claims that a private hire company had unlawfully discriminated against two Asian applicants, a Leeds industrial tribunal (Chair: J Prophet) in Akbar and Ahmed v Metro Private Hire (Keighley) Ltd, expresses concern over the way the Commission for Racial Equality went about securing evidence of discrimination.
A woman who was warned that she would have to look for a new job if she didn't alter her hairstyle was unlawfully discriminated against on grounds of sex, rules a Liverpool industrial tribunal (Chair: E Lloyd-Parry) in Gatehouse v Stretton Leisure Ltd.
An Irishman who was subjected to repeated anti-Irish remarks by his supervisor and other colleagues which led to him seeking medical attention for stress, and who was then dismissed because he did not "fit in", was unlawfully discriminated against, rules a Nottingham industrial tribunal (Chair: J M Coulson) in McAuley v Auto Alloys Foundry Ltd and Taylor.
A petrol station worker who was embarrassed by his manageress using the word "fuck" did not suffer a detriment within the meaning of the Sex Discrimination Act 1975, according to a Southampton industrial tribunal (Chair: J Hollow) in Picariello v Star Service Stations Ltd.
A black railway worker who was called a "black cunt" by an employee of a subcontractor during an incident was discriminated against on grounds of race, a London South industrial tribunal (Chair: E R Donnelly) in Bellinfantie v British Rail rules.
A Pakistani applicant who unsuccessfully applied for the post of senior equality adviser was discriminated against on the grounds of race, rules a Nottingham industrial tribunal majority (Chair: J H Bellis) in Ayub v Nottinghamshire County Council.
In Bishop v The Cooper Group plc a London South industrial tribunal (Chair: E R Donnelly), hearing "alarm bells" when told that the successful male candidates for apprenticeships in a wholly male environment would "fit in", rules that a teenage girl was turned down because of her sex.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.