Equality, diversity and human rights

New and updated

• Date:

  1 December 1994

  Type:

  Employment law cases

  Employer has duty to provide complaints procedure

  An employer has an obligation to provide an environment free of sexual harassment and a system whereby an employee can complain of behaviour which is unwanted, offensive and humiliating, says a Manchester industrial tribunal (Chair: J Corcoran) in Dillon v Outline Engraving Co Ltd.

• Date:

  1 December 1994

  Type:

  Employment law cases

  Cricketer's rejection not race bias

  A young cricketer who, when using his own name, was refused a trial with Durham County Cricket Club but was not refused when he used an anglicised name, was not discriminated against on grounds of race, rules a Newcastle-upon-Tyne industrial tribunal (Chair: J D Myers) in Yaqub v Durham County Cricket Club. The two letters requesting a trial, were "dissimilar", said the tribunal, and "required different and distinct answers".

• Date:

  1 December 1994

  Type:

  Employment law cases

  Failure to promote Asian teacher unlawful

  In Deb-Gupta v The Board of Governors Beech Hill Infant School and Bedfordshire County Council a Bedford industrial tribunal rules that an Asian teacher who was unsuccessful in her application for promotion in a predominantly Asian school, despite having greater experience of multi-cultural education and in acting-up in senior positions than the successful white candidate, was unlawfully discriminated against.

• Date:

  1 December 1994

  Type:

  Employment law cases

  Black trainee solicitor unlawfully dismissed

  A black trainee solicitor who was dismissed when she failed her Law Society finals was unlawfully discriminated against on grounds of race, rules a Leicester industrial tribunal (Chair: P D Williams) in Lindsay v Ironsides Ray & Vials.

• Date:

  1 December 1994

  Type:

  Employment law cases

  ECJ rules on pension discrimination

  The European Court of Justice has handed down its rulings in six cases on issues relating to sex equality and occupational pension schemes in light of the decision in Barber v Guardian Royal Exchange Assurance Group EOR32A.

• Date:

  1 December 1994

  Type:

  Employment law cases

  "Nimble fingers": women wanted

  An employer who told the Employment Service that he wanted job vacancies to be filled by women "because of their nimble fingers", did not attempt to procure an unlawful act, according to a Birmingham industrial tribunal (Chair: A C Tickle) in Equal Opportunities Commission v (1) Storey and Bloor (2) JES Manufacturing Co.

• 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.