Equality, diversity and human rights

New and updated

• Date:

  1 August 2002

  Type:

  Employment law cases

  UK in breach of rights of transsexuals

  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).

• Date:

  24 June 2002

  Type:

  Employment law cases

  Human rights: Disciplinary proceedings did not breach trader's right to a fair trial

  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.

• Date:

  15 June 2002

  Type:

  Employment law cases

  Race discrimination: When to construct hypothetical comparator

  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.

• Type:

  Employment law cases

  Case roundup: company car policy and sex discrimination

  This week's case roundup from Eversheds, covering company car policy and sex discrimination.

• Date:

  15 May 2002

  Type:

  Employment law cases

  Procedure: No extension of time while grievance procedure is being used

  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.

• Date:

  1 May 2002

  Type:

  Employment law cases

  "Institutionalised racism" comment decried

  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.

• Type:

  FAQs

  Will a case of alleged discrimination have to go to an employment tribunal?

• Date:

  15 April 2002

  Type:

  Employment law cases

  Equal pay: Teacher can compare pay with that in another authority

  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.

• Date:

  25 March 2002

  Type:

  Employment law cases

  Disability discrimination: Failure to establish mental impairment

  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.

• Date:

  15 March 2002

  Type:

  Employment law cases

  Sex discrimination: Excessive awards for injury to feelings and future loss overturned

  In Chief Constable of West Yorkshire Police v Vento, the EAT upholds an appeal against an employment tribunal's manifestly excessive awards of £165,000 for future loss of earnings, and £65,000 for injury to feelings (which included £15,000 aggravated damages) to a former probationer police officer who suffered unlawful sex discrimination.