Equality, diversity and human rights

New and updated

• Date:

  1 June 1995

  Type:

  Employment law cases

  "Fucking waitresses" comment not discriminatory

  For a caterer to make a remark about "fucking waitresses" did not amount to sexual harassment, rules a Truro industrial tribunal (Chair: B E Walton) in Goodwin v Watkins.

• Date:

  1 June 1995

  Type:

  Employment law cases

  Worker abused because of Serbian origins

  An employee of Serbian origin who was subjected to hostile and abusive comments because of his origins, particularly after the start of the Bosnian war, and who found conditions so intolerable that he resigned, was unlawfully discriminated against, rules a Leeds industrial tribunal (Chair: E H J Record) in Milovanovic v Hebden Dyeing & Finishing Co Ltd.

• Date:

  1 June 1995

  Type:

  Employment law cases

  "Outstanding candidate" rejected

  An Asian job applicant who was rejected despite being "the outstanding candidate" for a jobshare vacancy that could have been "tailor-made" for him, was unlawfully discriminated against, holds a London (North) industrial tribunal (Chair: P R K Menon) in Singh v London Borough of Ealing.

• Date:

  1 June 1995

  Type:

  Employment law cases

  Council's "blatant and bad case of discrimination"

  A local council unlawfully discriminated against an Asian job applicant when it rejected his application in favour of a white applicant, even though he was the highest-scoring candidate in the interview, rules a Manchester industrial tribunal (Chair: C T Grazin) in Umerji v Blackburn Borough Council.

• Date:

  1 June 1995

  Type:

  Employment law cases

  Woman sacked, man demoted, for same misconduct

  A woman who was dismissed for sexual misconduct while her male partner was demoted for the same misconduct, was unlawfully discriminated against, rules an Aberdeen industrial tribunal (Chair: D I Morgan) in Hume v Compass Services (UK) Ltd.

• Date:

  1 June 1995

  Type:

  Employment law cases

  Dismissal for refusing to speak English lawful

  An Asian worker who was dismissed for refusing to comply with an instruction to speak in English was not unlawfully discriminated against, holds a Birmingham industrial tribunal (Chair: A J McCarry) in Shah v George Grassic t/a The Suite Factory.

• Date:

  1 June 1995

  Type:

  Employment law cases

  Council policy to reduce number of black managers

  An officer in charge of a children's home was selected for redundancy in pursuance of the council's policy to reduce the number of black persons in management, a London (North) industrial tribunal (Chair: B A Calvert QC) finds in Philip v London Borough of Brent.

• Date:

  1 June 1995

  Type:

  Employment law cases

  Female applicants only

  An employer who instructed staff at a jobcentre to supply only female applicants for a vacant receptionist post acted unlawfully, holds a Leicester industrial tribunal (Chair: D R Sneath) in Equal Opportunities Commission v Bull t/a Arkwrights Night Club.

• Date:

  1 June 1995

  Type:

  Employment law cases

  Irving followed

  In Cobham v Forest Healthcare NHS Trust the EAT says that it is bound to follow the test of vicarious liability laid down by the Court of Appeal in Irving v The Post Office.

• Date:

  1 June 1995

  Type:

  Employment law cases

  Not liable for sexual harassment

  Even if the applicant's allegations of sexual harassment were true, the employer, which had a "comprehensive" complaints procedure that the applicant failed to make use of, would have escaped liability by virtue of the defence in s. 41(3) of the Sex Discrimination Act 1975, rules a Birmingham industrial tribunal in Davies v Secretary of State for Social Security.