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Equality, diversity and human rights

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  • Date:
    1 June 1994
    Type:
    Employment law cases

    Inconsistent treatment due to race bias

    A hospital orderly who was immediately suspended pending an investigation following an incident, when a nurse who was involved in an equally serious incident was simply counselled, suffered a detriment and was unlawfully discriminated against on grounds of race, holds a Leeds industrial tribunal (Chair: J R W Worrall) in Dan v United Leeds Teaching Hospital Trust Ltd.

  • Date:
    1 June 1994
    Type:
    Employment law cases

    Maternity returner dismissed for "lack of commitment"

    A woman who was dismissed three months after returning from maternity leave for lack of commitment when in contrast a male colleague who lacked commitment was counselled and promoted, was discriminated on grounds of sex, rules a Reading industrial tribunal (Chair V K Leese) in Pestell v Esselte Meto Ltd.

  • Date:
    1 June 1994
    Type:
    Employment law cases

    Failure to warn suggests discrimination

    In Smith v Wessex Water a Bristol industrial tribunal (Chair: C G Toomer) draws an inference of racial discrimination from a failure to warn an African-British temporary employee that he was in danger of dismissal due to poor performance.

  • Date:
    1 June 1994
    Type:
    Employment law cases

    Record £300,000 sex bias award

    In Homewood v Ministry of Defence a Glasgow industrial tribunal (Chair: H J Murphy) has awarded £299,851 to a former army major who was forced to resign when she became pregnant.

  • Date:
    1 June 1994
    Type:
    Employment law cases

    Training recommendation

    A recommendation that staff who come into contact with job applicants be trained in the provisions of the Sex Discrimination Act 1975 and that all those handling job applications and conducting interviews be trained in the avoidance of unlawful discrimination has been made by a Middlesborough industrial tribunal (Chair: J D Myers) in Dickinson and Field v Mason and Mason.

  • Date:
    1 June 1994
    Type:
    Employment law cases

    PRP scheme lacked transparency

    An assessment process for performance-related pay purposes, which led to a woman being paid £780 a year less than men on like work, suffered from confusion, double counting and an absence of transparency, rules a Norwich industrial tribunal (Chair: D R Crome) in Latham v Eastern Counties Newspapers Ltd.

  • Date:
    1 June 1994
    Type:
    Employment law cases

    Expert's report rejected

    In Thompson v John Blackburn Ltd a Leeds industrial tribunal (Chair: J Prophet) refuses to admit an independent expert's report in equal value proceedings because in its view the expert failed to make clear findings of fact and take proper account of all information represented to her.

  • Date:
    1 March 1994
    Type:
    Employment law cases

    Sex discrimination: Dismissal for wearing trousers was discriminatory

    In Stoke-on-Trent Community Transport v Cresswell the EAT upholds an industrial tribunal's decision that the dismissal of a woman for wearing trousers at work amounted to sex discrimination, because male employees were not subject to any rules or disciplinary sanctions in respect of their appearance.

  • Date:
    1 January 1994
    Type:
    Employment law cases

    Sex discrimination: Cap requirement not discriminatory

    In Burrett v West Birmingham Health Authority the EAT upholds an industrial tribunal's decision that a female nurse, disciplined for refusing to wear a starched linen cap which male nurses did not have to wear, was not treated less favourably on grounds of sex.

  • Date:
    1 November 1993
    Type:
    Employment law cases

    Defences narrowed

    In Enderby v Frenchay Health Authority and Secretary of State for Health (27 October 1993) EOR52A, the European Court of Justice rules that it is not sufficient for an employer to show that significant pay differences between female-dominated jobs and male-dominated jobs arose for non-discriminatory reasons.

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