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Key discrimination decisions in 2004

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A v Chief Constable of West Yorkshire Police and another [2004] IRLR 573 HL (1 other report)
- Transsexual discrimination: Transsexual entitled to recognition of reassigned gender
  
  Date:
  
  2 July 2004
  
  In A v Chief Constable of West Yorkshire Police and another, the House of Lords holds that refusing to employ a post-operative male-to-female transsexual was an act of unlawful discrimination.
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Alabaster v Woolwich plc and Secretary of State for Social Security [2004] IRLR 486 ECJ (1 other report)
- Equal pay: SMP must include pay rise effective after reference period
  
  Date:
  
  18 June 2004
  
  In Alabaster v Woolwich plc, the European Court of Justice holds that article 119 (now 141) of the EC Treaty of Rome requires that earnings-related maternity pay must reflect any pay rise awarded between the start of the reference period (upon which the level of the earnings-related maternity pay is based) and the end of the employee's maternity leave.
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Allonby v Accrington & Rossendale College and others [2004] IRLR 224 ECJ (1 other report)
- Agency worker is entitled to membership of pension scheme
  
  Date:
  
  1 March 2004
  
  In Allonby v Accrington & Rossendale College and others, the European Court of Justice (ECJ) rules that a lecturer employed through an agency could not claim equal pay with lecturers employed directly by the college, but she could claim entitlement to join the lecturers' statutory pension scheme even though it was open only to those with a contract of employment.
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Archibald v Fife Council [2004] IRLR 651 HL (1 other report)
- Disability discrimination: Extent of s.6 duty to make reasonable adjustments
  
  Date:
  
  6 August 2004
  
  In Archibald v Fife Council, the House of Lords holds that an employment tribunal misconstrued the scope of the employer's duty to take reasonable steps to prevent any of its arrangements from placing a disabled employee at a substantial disadvantage in comparison with people who are not disabled.
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Bahl v The Law Society and others [2004] IRLR 799 CA (0 other reports)
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British Telecommunications plc v Reid [2004] IRLR 327 CA (0 other reports)
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Cadman v Health and Safety Executive [2004] IRLR 971 CA (0 other reports)
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Chamberlin Solicitors and another v Emokpae [2004] IRLR 592 EAT (0 other reports)
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Chohan v Derby Law Centre [2004] IRLR 685 EAT (1 other report)
- Points of procedure
  
  Date:
  
  26 November 2004
  
  A review of recent significant cases on practice and procedure in the employment tribunals, EAT and Court of Appeal.
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Department for Work and Pensions v Thompson [2004] IRLR 348 EAT (1 other report)
- Department for Work and Pensions v Thompson
  
  Date:
  
  1 June 2004
  
  In Department for Work and Pensions v Thompson [2004] IRLR 348 EAT, the Employment Appeal Tribunal held that a workplace dress code that requires men to wear a collar and tie and women to dress appropriately to a similar standard may not be discriminatory on the grounds of sex.
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Essa v Laing Ltd [2004] IRLR 313 CA (1 other report)
- Race discrimination: Recovering compensation for psychiatric damage
  
  Date:
  
  19 March 2004
  
  In Laing Ltd v Essa, the Court of Appeal holds that an employee who suffered unlawful race discrimination which caused him psychiatric injury was entitled to recover compensation for that injury provided he could establish that the discrimination caused the damage.
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Hewett v Motorola Ltd [2004] IRLR 545 EAT (0 other reports)
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Home Office v Bailey and others [2004] IRLR 921 EAT (0 other reports)
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KB v National Health Service Pensions Agency and another [2004] IRLR 240 ECJ (0 other reports)
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Khan v Trident Safeguards Ltd and others [2004] IRLR 961 CA (1 other report)
- Points of procedure
  
  Date:
  
  26 November 2004
  
  A review of recent significant cases on practice and procedure in the employment tribunals, EAT and Court of Appeal.
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Mingeley v Pennock and Ivory t/a Amber Cars [2004] IRLR 373 CA (0 other reports)
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Ministry of Defence v Armstrong and others [2004] IRLR 672 EAT (0 other reports)
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Nottinghamshire County Council v Meikle [2004] IRLR 703 CA (1 other report)
- Nottinghamshire County Council v Meikle
  
  Date:
  
  1 September 2004
  
  In Nottinghamshire County Council v Meikle [2004] IRLR 703 CA, the Court of Appeal held that putting an employee who was off sick for a disability-related reason on to half pay after a period of full pay was unjustified less favourable treatment where the employer had failed to make reasonable adjustments, which, had they been made, would have resulted in the employee's returning to work before she became liable to have her sick pay reduced.
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Orthet Ltd v Vince-Cain [2004] IRLR 857 EAT (0 other reports)
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Parliamentary Commissioner for Administration and another v Fernandez [2004] IRLR 22 EAT (1 other report)
- Equal pay: case law update
  
  Date:
  
  2 March 2007
  
  This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.
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Paul v National Probation Service [2004] IRLR 190 EAT (0 other reports)
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Powerhouse Retail Ltd and others v Burroughs and others [2004] IRLR 979 CA (0 other reports)
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Preston and others v Wolverhampton Healthcare NHS Trust and others (No.3) [2004] IRLR 96 EAT (0 other reports)
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R (on the application of Amicus - MSF section and others) v Secretary of State for Trade and Industry and Christian Action Research Education and others [2004] IRLR 430 HC (1 other report)
- A good loss: R (Amicus - MSF section) v Secretary of State for Trade and Industry
  
  Date:
  
  1 June 2004
  
  The overwhelming majority of discrimination law cases are unsuccessful. If the decision is not one of an employment tribunal, it will be a binding precedent.
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Rihal v London Borough of Ealing [2004] IRLR 642 CA (0 other reports)
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Rutherford and another v Secretary of State for Trade and Industry (No.2) [2004] IRLR 892 CA (0 other reports)
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Scott v Commissioners of Inland Revenue [2004] IRLR 713 CA (1 other report)
- Discrimination: Approach to be taken to harassment complaints
  
  Date:
  
  12 November 2004
  
  In Scott v Commissioners of Inland Revenue the Court of Appeal holds that an employment tribunal erred in awarding only £15,000 in respect of the psychiatric injury caused to an employee by the way in which his employer dealt with allegations of sexual harassment made against him by a work colleague.
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South East Sheffield Citizens Advice Bureau v Grayson [2004] IRLR 353 EAT (1 other report)
- Volunteers not "employees"
  
  Date:
  
  1 July 2004
  
  Voluntary workers were not "employees" as defined in s.68 of the Disability Discrimination Act 1995, holds the EAT in South East Sheffield Citizens Advice Bureau v Grayson (17 November 2003).
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St Helens Metropolitan Borough Council v Derbyshire and others [2004] IRLR 851 EAT (1 other report)
- Sex discrimination: Victimisation by sending letters warning of effect of claims
  
  Date:
  
  28 January 2005
  
  In St Helens Metropolitan Borough Council v Derbyshire and others, the EAT holds that the tribunal did not err in law in finding that the council had victimised catering staff who had presented equal pay claims.
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Swift v Chief Constable of Wiltshire Constabulary [2004] IRLR 540 EAT (0 other reports)
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University of Huddersfield v Wolff [2004] IRLR 534 EAT (0 other reports)

EOR subscribers will receive the 18th edition of the annual Discrimination Guide in March. That will take into account the effect on the case law of cases fully reported in Industrial Relations Law Reports during 2004, as well as changes to legislation.

Employment law cases

Key discrimination decisions in 2004

Transsexual discrimination: Transsexual entitled to recognition of reassigned gender

Equal pay: SMP must include pay rise effective after reference period

Agency worker is entitled to membership of pension scheme

Disability discrimination: Extent of s.6 duty to make reasonable adjustments

Points of procedure

Department for Work and Pensions v Thompson

Race discrimination: Recovering compensation for psychiatric damage

Points of procedure

Nottinghamshire County Council v Meikle

Equal pay: case law update

A good loss: R (Amicus - MSF section) v Secretary of State for Trade and Industry

Discrimination: Approach to be taken to harassment complaints

Volunteers not "employees"

Sex discrimination: Victimisation by sending letters warning of effect of claims

About this resource

Key discrimination decisions in 2004