Equality, diversity and human rights

New and updated

• Date:

  1 December 1994

  Type:

  Employment law cases

  Harassment "in the course of employment"

  Racial and sexual harassment can pose questions of whether the employer should be held legally liable, as Harding v Dale Joinery Ltd Brannen v Frigoscandia (Grimsby) Ltd and Chisnall Cumberbatch v Hickson and Department of Social Security illustrate.

• Date:

  1 December 1994

  Type:

  Employment law cases

  Cannock decision criticised

  In Bristow v Secretary of State for Defence a London South industrial tribunal (Chair: T J Mason) has expressed doubt about aspects of the guidance given by the EAT in Ministry of Defence v Cannock and others EOR57E on assessing compensation for servicewomen who were dismissed contrary to EC law because of their pregnancy.

• Date:

  1 December 1994

  Type:

  Employment law cases

  Discriminatory dismissal damaged health

  A car salesman whose health suffered as a direct result of sex discrimination when he was dismissed because he was a man is awarded £15,000 compensation, including £5,000 for injury to feelings, by a Birmingham industrial tribunal (Chair: J K Macmillan) in Smith v Swithland Motors plc.

• Date:

  1 December 1994

  Type:

  Employment law cases

  £8,000 injury to feelings award for maternity leaver

  In McClenaghan and Rice v British Shoe Corporation Ltd a Belfast industrial tribunal (Chair: E McBride) awards £11,455 compensation, including £8,000 for injury to feelings, to a maternity leaver who suffered "severe depression" following her dismissal when illness prevented her from returning to work within the statutory period.

• Date:

  1 December 1994

  Type:

  Employment law cases

  Race discrimination: Non-recognition of African service was not on "racial grounds"

  East African Asian employees of a UK bank who were required to waive their right to have their African service with a "group" employer credited for pension purposes, had not suffered race discrimination, holds the Court of Appeal in Barclays Bank plc v Kapur and others.

• Date:

  1 September 1994

  Type:

  Employment law cases

  Compensation for unintentional indirect discrimination

  Compensation for unintentional indirect sex discrimination is payable under the Equal Treatment Directive, rules a London South industrial tribunal (Chair: E R Donnelly) in Tickle v Governors of Riverview CF School and Surrey County Council.

• Date:

  1 September 1994

  Type:

  Employment law cases

  Transsexual comparator permitted under Article 119

  In Collins v Wilkin & Chapman, a Nottingham industrial tribunal rules that an equal pay claim may be brought under EC law where the comparator is perceived to be of the opposite sex but is the same sex biologically. In P v S and Cornwall County Council, a Truro industrial tribunal seeks guidance from the European Court of Justice on whether the Equal Treatment Directive prohibits discrimination against a transsexual.

• Date:

  1 September 1994

  Type:

  Employment law cases

  Impact test to ECJ

  The European Court of Justice has been asked by an Ashford industrial tribunal (Chair: G W Davis) in Rudling v PSA Services and another to rule on the proper test to be applied under EC law in order to determine whether a practice has a disparate impact upon women.

• Date:

  1 September 1994

  Type:

  Employment law cases

  Pushtuns not a racial group

  In Khayum v Pakistan Muslim Centre a Sheffield industrial tribunal (Chair: J M Q Hepworth) rules that Pushtuns are not a "racial group" as defined by the Race Relations Act.

• Date:

  1 September 1994

  Type:

  Employment law cases

  CRE criticised

  Rejecting claims that a private hire company had unlawfully discriminated against two Asian applicants, a Leeds industrial tribunal (Chair: J Prophet) in Akbar and Ahmed v Metro Private Hire (Keighley) Ltd, expresses concern over the way the Commission for Racial Equality went about securing evidence of discrimination.