Recruitment
In Anya v University of Oxford the Court of Appeal has ruled that where an employer behaves unreasonably towards a black employee, it is an error of law for a tribunal to direct itself that an inference of race discrimination is not to be drawn, without more, because the employer might very well behave in a similarly unreasonable fashion to a white employee.
In Marks & Spencer plc v Martins (19 December 1997) EOR79B, the Court of Appeal rules that it was an error for an industrial tribunal to find that the employer discriminated against an applicant on grounds of her race because its interviewers were guilty of "bias".
In X v Commission of the European Communities [1995] IRLR 320 ECJ, the European Court of Justice held that, under the European Convention on Human Rights an individual has the right to refuse to undergo a medical examination, and that this right must be respected.
A Pakistani doctor who was not shortlisted for a medical post because he could not meet the job requirements was unlawfully indirectly discriminated against, rules an Edinburgh industrial tribunal (Chair: S Krietman) in Mian v Common Services Agency and Brotherston.
Being a woman was a genuine occupational qualification for the post of regional manager with "a specialist ladies' lingerie retailer", rules a Reading industrial tribunal (Chair: M C Craft) in Rowson v Contessa (Ladieswear) Ltd.
A Sri Lankan-born candidate was discriminated against when his application for the post of director of community services was turned down, a Bury St Edmunds industrial tribunal (Chair: D R Crome) has ruled in Abraham v Fenland District Council.
A failure to shortlist a black employee for interview for the job of senior social worker was unlawful discrimination, rules a Nottingham industrial tribunal (Chair: D R Sneath) in Charles v Nottinghamshire County Council.
Rejecting the defence that being a woman was a "personal services" genuine occupational qualification for the post, a Nottingham industrial tribunal (Chair: D R Sneath) in Moult v Nottinghamshire County Council rules that it was unlawful to refuse an application from a man for a teaching post on women-only courses run by an all-women organisation.
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.
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.
Employment law cases: HR and legal information and guidance relating to recruitment.