Equality, diversity and human rights

New and updated

• 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.

• 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.