Equality, diversity and human rights

New and updated

• Date:

  1 September 1994

  Type:

  Employment law cases

  "Sound race policy" at Asda

  Asda Stores Ltd was not liable for the racially "offensive and derogatory remark" made by one of its store supervisors to a black contract cleaner, rules a Birmingham industrial tribunal (Chair: B L Owen) in Taylor v Asda Stores Ltd.

• Date:

  1 September 1994

  Type:

  Employment law cases

  Girl trainee mechanic awarded over £24,000

  A teenage girl who was turned down for an apprenticeship as a garage mechanic is awarded compensation of £24,389, including £3,500 for injury to feelings, by a London South industrial tribunal (Chair: E R Donnelly) in Bishop v The Cooper Group plc.

• Date:

  1 September 1994

  Type:

  Employment law cases

  £10,000 for harassment

  Compensation of £10,000 has been awarded by a Leeds industrial tribunal (Chair: P A Morris) in Miss A and Miss B v R1 and R2 to each of two employees in respect of injury to feelings resulting from sexual harassment.

• Date:

  1 September 1994

  Type:

  Employment law cases

  Bias shown by tribunal chair

  In Laher v London Borough of Hammersmith & Fulham the EAT has set aside the decision of an industrial tribunal dismissing a race discrimination complaint on grounds that there was bias shown by the tribunal chair against the applicant.

• Date:

  1 September 1994

  Type:

  Employment law cases

  No time limit on part-time workers' claims

  In Kamal v Wakefield Health Authority a Leeds industrial tribunal (Chair: J Prophet) has ruled that until new legislation has been enacted, there is no time limits on claims brought under Article 119 of the EC Treaty based on the decision of the House of Lords that the hours-per-week qualifying thresholds under the Employment Protection (Consolidation) Act are incompatible with EC law.

• Date:

  1 September 1994

  Type:

  Employment law cases

  Time runs from 22.11.93

  The time limit for bringing a complaint against a public sector employer in respect of discriminatory retirement did not begin to run until the date the Sex Discrimination and Equal Pay (Remedies) Regulations 1993 came into force, rules a Southampton industrial tribunal (Chair: I T Soulsby) in Wild v Portsmouth & SE Hants Health Authority.

• Date:

  1 September 1994

  Type:

  Employment law cases

  Sick man defence barred

  In Webb v EMO Air Cargo (UK) Ltd (14 July 1994) EOR57A, the European Court of Justice rules that it is contrary to the Equal Treatment Directive to dismiss a woman employed for an unlimited term who, shortly after her recruitment is found to be pregnant, notwithstanding that she was recruited initially to replace another employee during the latter's maternity leave.

• Date:

  1 August 1994

  Type:

  Employment law cases

  Sex discrimination: Pregnant woman not comparable to sick man

  It is impermissible, under EC equality law, to compare a woman who will be unavailable for work due to pregnancy, to a man who would be similarly unavailable because of medical or other reasons, holds the European Court of Justice in Webb v EMO Air Cargo (UK) Ltd.

• Date:

  1 June 1994

  Type:

  Employment law cases

  European Commission Code followed

  The standards set out in the European Commission Code of Practice on measures to combat sexual harassment at work are now regularly used by industrial tribunals, as Felstead v Dennis's Coaches and others, Roberts v Nolene Ltd and others, and Shaw v Northern Ireland Hospice and another illustrate.

• Date:

  1 June 1994

  Type:

  Employment law cases

  Complaints of racist abuse ignored

  A black college lecturer whose complaints of racial abuse over an eight-year period were continually disbelieved by college authorities was unlawfully discriminated against on grounds of race, rules an Ashford industrial tribunal (Chair: I S Lamb) in Jenkins v Burney and others.