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Key discrimination decisions in 2005

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Alabaster v Barclays Bank plc and Secretary of State for Social Security (No.2) [2005] IRLR 576 CA (2 other reports)
- Equal pay: case law update
  
  Date:
  
  3 February 2006
  
  We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.
- Maternity leave and equal pay: Male comparator not required in maternity pay claim
  
  Date:
  
  24 June 2005
  
  In Alabaster v Barclays Bank plc, the Court of Appeal holds that the answer to the problem of how to enable an employee effectively to enforce her right to claim arrears of maternity pay (owed to her as a result of a failure to take into account a pay rise awarded before her maternity leave started, but after the reference period for calculating her maternity pay had ended) lay in removing the requirement in s.1(1) of the Equal Pay Act 1970 for her to point to a male comparator.
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Ali v Office of National Statistics [2005] IRLR 201 CA (1 other report)
- Points of procedure
  
  Date:
  
  10 June 2005
  
  A review of recent significant cases on practice and procedure in the employment tribunals, EAT and Court of Appeal.
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Bailey and others v Home Office [2005] IRLR 369 CA (2 other reports)
- 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.
- Equal pay: case law update
  
  Date:
  
  3 February 2006
  
  We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.
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British Airways Plc v Starmer [2005] IRLR 862 EAT (1 other report)
- Sex discrimination: Minimum 75% full-time hours policy is indirectly discriminatory
  
  Date:
  
  14 October 2005
  
  In British Airways plc v Starmer, the EAT holds that the tribunal was entitled to find that a decision by the employer not to allow the employee to work part-time at 50% of her full-time hours, but only at 75%, was a "provision, criterion or practice" for the purposes of s.1(2)(b) of the Sex Discrimination Act 1975.
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Brumfitt v Ministry of Defence and another [2005] IRLR 4 EAT (0 other reports)
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Carden v Pickerings Europe Ltd [2005] IRLR 720 EAT (0 other reports)
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Council of the City of Newcastle upon Tyne v Allan and others; Degnan and others v Redcar and Cleveland Borough Council [2005] IRLR 504 EAT (1 other report)
- Equal pay: No non-economic losses in equal pay claims
  
  Date:
  
  15 July 2005
  
  In Council of the City of Newcastle upon Tyne v Allan and others, Degnan and others v Redcar and Cleveland Borough Council, the EAT holds that there can be no claim for non-economic loss, that is for injury to feelings or for exemplary or aggravated damages, in claims under the Equal Pay Act 1970 because these are claims in contract rather than statutory torts, as in claims under the Sex Discrimination Act 1975.
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Dattani v Chief Constable of West Mercia Police [2005] IRLR 327 EAT (0 other reports)
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Degnan and others v Redcar and Cleveland Borough Council [2005] IRLR 615 CA (1 other report)
- Equal pay: case law update
  
  Date:
  
  3 February 2006
  
  We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.
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Dresdner Kleinwort Wasserstein Ltd v Adebayo [2005] IRLR 514 EAT (0 other reports)
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Dunham v Ashford Windows [2005] IRLR 608 EAT (0 other reports)
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Edmund Nuttall Limited v Butterfield [2005] IRLR 751 EAT (1 other report)
- Disability discrimination: Excluded condition and legitimate impairment may both be present
  
  Date:
  
  2 December 2005
  
  In Edmund Nuttall Ltd v Butterfield, the EAT holds that the tribunal erred in finding that the employee, who committed criminal offences of indecent exposure, had been discriminated against on grounds of disability.
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Elsner-Lakeberg v Land Nordrhein-Westfalen [2005] IRLR 209 ECJ (1 other report)
- Equal pay: case law update
  
  Date:
  
  3 February 2006
  
  We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.
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Fletcher and others v Blackpool Fylde & Ware Hospitals NHS Trust and another [2005] IRLR 689 EAT (0 other reports)
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Hardys & Hansons plc v Lax [2005] IRLR 726 CA (0 other reports)
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Heath v Commissioner of Police for the Metropolis [2005] IRLR 270 CA (1 other report)
- Employment tribunal jurisdiction: Judicial immunity for Police Disciplinary Board proceedings
  
  Date:
  
  22 October 2004
  
  In Heath v Commissioner of Police for the Metropolis, the Court of Appeal holds that proceedings before a Police Disciplinary Board are judicial or quasi-judicial proceedings to which the rule of immunity from suit attaches.
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HM Prison Service v Beart (No.2) [2005] IRLR 568 CA (0 other reports)
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Hockenjos v Secretary of State for Social Security [2005] IRLR 471 CA (0 other reports)
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Home Office v (1) Bailey and others (2) Martin and others (3) Beachcroft and others [2005] IRLR 757 EAT (0 other reports)
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Hoyland v Asda Stores Ltd [2005] IRLR 438 EAT (0 other reports)
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Igen Ltd (formerly Leeds Careers Guidance) and others v Wong and other cases [2005] IRLR 258 CA (2 other reports)
- Burden of proof guidelines revised
  
  Date:
  
  1 April 2005
  
  In a hearing of three conjoined appeals (Igen Ltd (formerly Leeds Careers Guidance) and others v Wong; Chamberlin Solicitors and another v Emokpae; Brunel University v Webster, 18 February 2005), the Court of Appeal considers the guidelines established in Barton v Investec Henderson Crosthwaite Securities Ltd (EOR 118) and sets out revised guidance on the burden of proof provisions in the discrimination legislation.
- Discrimination: Burden of proof finally reversed in direct discrimination claims
  
  Date:
  
  25 March 2005
  
  In Igen Ltd & ors v Wong; Chamberlin Solicitors & ors v Emokpae; Brunel University v Webster, the Court of Appeal holds that the amendments to the Sex Discrimination Act 1975 and Race Relations Act 1976, in order to implement the Burden of Proof Directive (97/80/EC), require a two-stage process to determine direct discrimination.
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Land Brandenburg v Sass [2005] IRLR 147 ECJ (1 other report)
- Equal pay: case law update
  
  Date:
  
  3 February 2006
  
  We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.
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Madden v Preferred Technical Group Cha Ltd and another [2005] IRLR 46 CA (1 other report)
- Race discrimination: Alleged discriminator's racist motive relevant, but not required
  
  Date:
  
  28 January 2005
  
  In Madden v Preferred Technical Group Cha Ltd and another, the Court of Appeal holds that the tribunal did not misdirect itself by stating that conscious or deliberate motivation was immaterial in cases of discrimination.
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Moonsar v Fiveways Express Transport Ltd [2005] IRLR 9 EAT (0 other reports)
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North Western Health Board v McKenna [2005] IRLR 895 ECJ (1 other report)
- Equal pay: Sick pay scheme not discriminatory
  
  Date:
  
  14 October 2005
  
  In North Western Health Board v McKenna, the ECJ holds that a sick leave scheme that treats female workers who suffer from a pregnancy-related illness in the same way as workers suffering from other types of illness falls within the scope of the Equal Pay Directive 75/117/EC rather than the Equal Treatment Directive 76/207/EC.
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Redfearn v Serco Ltd t/a West Yorkshire Transport Service [2005] IRLR 744 EAT (0 other reports)
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Robertson and others v Department for Environment, Food and Rural Affairs [2005] IRLR 363 CA (2 other reports)
- 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.
- Equal pay: case law update
  
  Date:
  
  3 February 2006
  
  We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.
expand disabled
Saggar v Ministry of Defence [2005] IRLR 618 CA (0 other reports)
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St Helens Metropolitan Borough Council v Derbyshire and others [2005] IRLR 801 CA (0 other reports)
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Voith Turbo Ltd v Stowe [2005] IRLR 228 EAT (1 other report)
- Unfair dismissal: Employee need not give credit for monies earned during notice period
  
  Date:
  
  25 March 2005
  
  In Voith Turbo Ltd v Stowe, the EAT holds that, applying the principles established in Norton Tool Co Ltd v Tewson, the tribunal was entitled to find that an unfairly dismissed employee did not have to give credit for earnings achieved during the period covered by notice pay made by his former employer.
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Way and another v Crouch [2005] IRLR 603 EAT (0 other reports)
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Williams v J Walter Thompson Group Ltd [2005] IRLR 376 CA (1 other report)
- Disability discrimination: Employer knew of disability at recruitment and failed to adjust
  
  Date:
  
  27 May 2005
  
  In Williams v J Walter Thompson Group Ltd, the Court of Appeal holds that an employment tribunal was correct to decide that a blind employee suffered unlawful disability discrimination and constructive unfair dismissal when her employer failed to provide her with the specialist equipment and training necessary for her to carry out the IT work for which she was appointed.

EOR subscribers will be receiving the 19th 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 2005, as well as changes to legislation. Readers familiar with the guide will know that it focuses on the principles set out by the cases that are still regarded as authoritative.

Employment law cases

Key discrimination decisions in 2005

Equal pay: case law update

Maternity leave and equal pay: Male comparator not required in maternity pay claim

Points of procedure

Equal pay: case law update

Equal pay: case law update

Sex discrimination: Minimum 75% full-time hours policy is indirectly discriminatory

Equal pay: No non-economic losses in equal pay claims

Equal pay: case law update

Disability discrimination: Excluded condition and legitimate impairment may both be present

Equal pay: case law update

Employment tribunal jurisdiction: Judicial immunity for Police Disciplinary Board proceedings

Burden of proof guidelines revised

Discrimination: Burden of proof finally reversed in direct discrimination claims

Equal pay: case law update

Race discrimination: Alleged discriminator's racist motive relevant, but not required

Equal pay: Sick pay scheme not discriminatory

Equal pay: case law update

Equal pay: case law update

Unfair dismissal: Employee need not give credit for monies earned during notice period

Disability discrimination: Employer knew of disability at recruitment and failed to adjust

About this resource

Key discrimination decisions in 2005