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Equality, diversity and human rights

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  • 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.

  • Date:
    1 September 1994
    Type:
    Employment law cases

    Grooming warning was sex bias

    A woman who was warned that she would have to look for a new job if she didn't alter her hairstyle was unlawfully discriminated against on grounds of sex, rules a Liverpool industrial tribunal (Chair: E Lloyd-Parry) in Gatehouse v Stretton Leisure Ltd.

  • Date:
    1 September 1994
    Type:
    Employment law cases

    "Thick Paddy" insults unlawful

    An Irishman who was subjected to repeated anti-Irish remarks by his supervisor and other colleagues which led to him seeking medical attention for stress, and who was then dismissed because he did not "fit in", was unlawfully discriminated against, rules a Nottingham industrial tribunal (Chair: J M Coulson) in McAuley v Auto Alloys Foundry Ltd and Taylor.

  • Date:
    1 September 1994
    Type:
    Employment law cases

    Man loses claim based on woman swearing

    A petrol station worker who was embarrassed by his manageress using the word "fuck" did not suffer a detriment within the meaning of the Sex Discrimination Act 1975, according to a Southampton industrial tribunal (Chair: J Hollow) in Picariello v Star Service Stations Ltd.

  • Date:
    1 September 1994
    Type:
    Employment law cases

    Remark racially abusive

    A black railway worker who was called a "black cunt" by an employee of a subcontractor during an incident was discriminated against on grounds of race, a London South industrial tribunal (Chair: E R Donnelly) in Bellinfantie v British Rail rules.

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