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- Date:
- 1 August 2002
- Type:
- Employment law cases
In Wilson and others v the United Kingdom, the European Court of Human Rights holds that, whereas the absence under UK domestic law of compulsory collective bargaining did not, in itself, give rise to a violation of article 11 of the European Convention on Human Rights, preventing employees from exercising their right to have their trade union protect their interests rendered that right illusory.
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- Date:
- 1 August 2002
- Type:
- Employment law cases
In Goodwin v United Kingdom (11 July 2002), the European Court of Human Rights (ECHR) rules that the lack of recognition in the UK of a transsexual's new gender identity for legal purposes is a breach both of article 8 of the European Convention on Human Rights (respect for private life) and article 12 (right to marry).
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- Date:
- 24 June 2002
- Type:
- Employment law cases
Disciplinary proceedings taken by the Securities and Futures Authority against a securities trader involved the "determination of his civil rights and obligations", but not the determination of "any criminal charge" within the meaning of article 6 of the European Convention on Human Rights, even though the proceedings could result in fines and a suspension, holds the Court of Appeal in R v Securities and Futures Authority Ltd and another ex parte Fleurose.
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- Date:
- 15 June 2002
- Type:
- Employment law cases
In Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting the Court of Appeal holds that an employment tribunal should have constructed a hypothetical comparator against which to consider whether there was evidence to support an inference that the complainant's treatment had been tainted with race discrimination. And the EAT holds in Williams v H M Prison Service that there is no additional duty on a tribunal to construct and consider the position of a hypothetical comparator.
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- Type:
- Employment law cases
This week's case roundup from Eversheds, covering company car policy and sex discrimination.
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- Date:
- 15 May 2002
- Type:
- Employment law cases
The Court of Appeal in Apelogun-Gabriels v London Borough of Lambeth holds that there is no general principle that it will be just and equitable to extend time for bringing a tribunal claim where the applicant is using the employer's internal grievance procedure.
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- Date:
- 1 May 2002
- Type:
- Employment law cases
In Commissioners of Inland Revenue v Morgan (6 February 2002), the EAT criticises an employment tribunal for finding that there was "institutionalised" racism in the Revenue's solicitors' department.
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- Type:
- FAQs
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- Date:
- 15 April 2002
- Type:
- Employment law cases
In South Ayrshire Council v Morton, the Inner House of the Court of Session holds that a teacher could compare her pay with an employee in another local authority for the purposes of an equal pay claim.
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- Date:
- 25 March 2002
- Type:
- Employment law cases
In Morgan v Staffordshire University the EAT holds that an employment tribunal was entitled to find that an employee did not have a mental impairment within the meaning of the Disability Discrimination Act 1995.