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Equality, diversity and human rights

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  • Date:
    1 June 1995
    Type:
    Employment law cases

    No liability for harassment by contractor

    A woman who was sexually harassed by an outside contractor did not have a remedy either against her employer or against the contractor, according to a Glasgow industrial tribunal in Henderson v (1) McMillan Flooring Distributors Ltd and (2) Alatsaris t/a MA Decorators because the outside contract did not require the work to be personally executed by the harasser.

  • Date:
    1 June 1995
    Type:
    Employment law cases

    Determining whether indirect discrimination is intentional

    In London Underground Ltd v Edwards the EAT has held that in determining whether an indirectly discriminatory requirement or condition was applied with the intention to treat a woman less favourably on grounds of sex, so as to permit an award of compensation, intention can be inferred from an employer's knowledge of the unfavourable consequences for the claimant as a woman.

  • Date:
    1 June 1995
    Type:
    Employment law cases

    Aggravated damages awarded

    In addition to awarding £2,500 for injury to feelings, a Manchester industrial tribunal (Chair: C Porter) in Ruizo v (1) Tesco Stores Ltd and (2) Lea awards a further £1,500 aggravated damages for the employer's lack of contrition and continuing failure to address or alleviate the problem of racial abuse.

  • Date:
    1 June 1995
    Type:
    Employment law cases

    Formal harassment policy recommended

    In Campbell v Datum Engineering Co Ltd a Birmingham industrial tribunal recommends that a firm found to have unlawfully discriminated on grounds of race should take steps such as introducing a formal racial harassment procedure, providing recruitment training for all managers and giving consideration to the eradication of pay anomalies in order to avoid future race claims.

  • Date:
    1 May 1995
    Type:
    Employment law cases

    Sex discrimination: Mobility clause indirectly discriminatory against women

    In Meade-Hill and another v The British Council, the Court of Appeal holds that the inclusion of a mobility clause in a married woman's contract of employment constituted indirect discrimination against her as a woman under the Sex Discrimination Act 1975.

  • Date:
    1 March 1995
    Type:
    Employment law cases

    Sacked for objecting to racist video

    A bar worker dismissed for complaining about the playing of a video recording which included racist jokes was unlawfully discriminated against, rules a Manchester industrial tribunal (Chair: J M Q Hepworth) in Ampadu v Mullane.

  • Date:
    1 March 1995
    Type:
    Employment law cases

    Refusal to use non-Muslim interpreters for Bosnian Muslims lawful

    The failure to offer a non-Muslim Bosnian a work experience placement with Bosnian Muslim refugees was discrimination on grounds of religion and thus not unlawful, rules a Reading industrial tribunal (Chair: J G Hollow) in Kesar v (1) British Red Cross (2) Refugee Council.

  • Date:
    1 March 1995
    Type:
    Employment law cases

    Identified for redundancy because of IVF absence

    A woman whose absence resulting from IVF treatment was treated as part of her sickness record for redundancy purposes was unlawfully discriminated against on the grounds of sex, rules an Ashford industrial tribunal (Chair: G W Davies) in Robinson v London Borough of Greenwich.

  • Date:
    1 March 1995
    Type:
    Employment law cases

    Pakistani doctor discriminated against

    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.

  • Date:
    1 March 1995
    Type:
    Employment law cases

    Victimised for accusing MD of being a racist

    A black employee was unlawfully victimised when he was barred from his company's bonus scheme after he accused his managing director of being a racist, rules a London (North) industrial tribunal (Chair: P R K Menon) in Leacock v Zeller & Sons plc.

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