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- Date:
- 1 September 1993
- Type:
- Employment law cases
In Marshall v Southampton and South-West Hampshire Area Health Authority (No.2) (2 August 1993) EOR51A, the European Court of Justice rules that it is contrary to European Community law for a fixed upper limit to be placed on the compensation which can be awarded for the loss and damage suffered as a result of sex discrimination.
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- Date:
- 1 July 1993
- Type:
- Employment law cases
An industrial tribunal has no power to award exemplary damages in a discrimination case, holds the EAT in Deane v London Borough of Ealing and another, following the ruling of the Court of Appeal in Gibbons and others v South West Water Services Ltd.
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- Date:
- 1 April 1993
- Type:
- Employment law cases
In Jones v University of Manchester the Court of Appeal considers for the first time how a tribunal should define the "pool" of people upon which it should base its calculation of whether a requirement imposed by an employer indirectly discriminates against one sex.
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- Date:
- 31 December 1991
- Type:
- Employment law cases
In Wetstein v (1) Misprestige Management Services Ltd (2) O'Farrell EAT/523/91, the Employment Appeal Tribunal upheld a tribunal's finding that a requirement to work a full week did not constitute indirect race discrimination against those of the Jewish race.
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- Date:
- 1 January 1991
- Type:
- Employment law cases
In Dekker v Stichting Vormingscentrum voor Jonge Volwassenen (VJV-Centrum) Plus (8 November 1990), the European Court of Justice, in a historic decision, holds that refusal to employ a woman because she is pregnant or because of the costs associated with employing a pregnant woman is direct discrimination on grounds of sex contrary to the principle of equal treatment embodied in the EEC Equal Treatment Directive.
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- Date:
- 21 December 1990
- Type:
- Employment law cases
The European Court of Justice has ruled in Dekker v Stichting Vormingscentrum voor Jong Volwassenen (VJV-Centrum) Plus that it is a breach of the EEC "Equal Treatment" Directive for an employer to refuse to recruit a woman because she is pregnant, even if hiring her would have serious financial consequences for the employer.
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- Date:
- 1 September 1990
- Type:
- Employment law cases
In James v Eastleigh Borough Council (14 June 1990) EOR33B, the House of Lords holds that the test for determining whether there has been direct discrimination is "would the complainant have received the same treatment from the defendant but for his or her sex?". It is not necessary for complainants to prove in addition that the subjective reason they were treated less favourably was because of their gender.
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- Date:
- 17 July 1990
- Type:
- Employment law cases
In a sex discrimination case the crucial question is whether the complainant would have received the same treatment but for his or her sex.
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- Date:
- 19 June 1990
- Type:
- Employment law cases
The European Court of Justice holds that occupational pensions payable under a contracted-out scheme constitute "pay" under Article 119 of the Treaty of Rome, and so must be offered to men and women on equal terms.
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- Date:
- 7 March 1989
- Type:
- Employment law cases
In Hampson v Department of Education and Science, the Court of Appeal rules that the exemption in s.41 of the Race Relations Act 1976 for acts done in pursuance of statutory authority does not extend to all acts done under a statute or statutory instrument.