Equality, diversity and human rights
It is impermissible, under EC equality law, to compare a woman who will be unavailable for work due to pregnancy, to a man who would be similarly unavailable because of medical or other reasons, holds the European Court of Justice in Webb v EMO Air Cargo (UK) Ltd.
The standards set out in the European Commission Code of Practice on measures to combat sexual harassment at work are now regularly used by industrial tribunals, as Felstead v Dennis's Coaches and others, Roberts v Nolene Ltd and others, and Shaw v Northern Ireland Hospice and another illustrate.
A black college lecturer whose complaints of racial abuse over an eight-year period were continually disbelieved by college authorities was unlawfully discriminated against on grounds of race, rules an Ashford industrial tribunal (Chair: I S Lamb) in Jenkins v Burney and others.
Royal Mail's harassment policy has created in its workforce a unique awareness of discrimination and how to avoid it, says a Birmingham industrial tribunal (Chair: A C Tickle) in Graham v Royal Mail and Nicholson.
An employer who withdrew an offer of employment as a butcher to a woman when he learned that she was pregnant unlawfully discriminated, an Inverness industrial tribunal (Chair: F C C Carmichael) in Booth v Highland Venison Marketing Ltd finds.
A job applicant who during her job interview was asked questions about her childminding arrangements and whether her husband objected to her working evenings, was not unlawfully discriminated against, rules a Bedford industrial tribunal (Chair: C Tribe) in Twilley v Tompkins.
A hospital orderly who was immediately suspended pending an investigation following an incident, when a nurse who was involved in an equally serious incident was simply counselled, suffered a detriment and was unlawfully discriminated against on grounds of race, holds a Leeds industrial tribunal (Chair: J R W Worrall) in Dan v United Leeds Teaching Hospital Trust Ltd.
A woman who was dismissed three months after returning from maternity leave for lack of commitment when in contrast a male colleague who lacked commitment was counselled and promoted, was discriminated on grounds of sex, rules a Reading industrial tribunal (Chair V K Leese) in Pestell v Esselte Meto Ltd.
In Smith v Wessex Water a Bristol industrial tribunal (Chair: C G Toomer) draws an inference of racial discrimination from a failure to warn an African-British temporary employee that he was in danger of dismissal due to poor performance.
In Homewood v Ministry of Defence a Glasgow industrial tribunal (Chair: H J Murphy) has awarded £299,851 to a former army major who was forced to resign when she became pregnant.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.