Equality, diversity and human rights

New and updated

• 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.

• Date:

  1 June 1994

  Type:

  Employment law cases

  Harassment policy "exemplary"

  Royal Mail's harassment policy has created in its workforce a unique awareness of discrimination and how to avoid it, says a Birmingham industrial tribunal (Chair: A C Tickle) in Graham v Royal Mail and Nicholson.

• Date:

  1 June 1994

  Type:

  Employment law cases

  Withdrawal of offer unlawful

  An employer who withdrew an offer of employment as a butcher to a woman when he learned that she was pregnant unlawfully discriminated, an Inverness industrial tribunal (Chair: F C C Carmichael) in Booth v Highland Venison Marketing Ltd finds.

• Date:

  1 June 1994

  Type:

  Employment law cases

  Interview questions not sex bias

  A job applicant who during her job interview was asked questions about her childminding arrangements and whether her husband objected to her working evenings, was not unlawfully discriminated against, rules a Bedford industrial tribunal (Chair: C Tribe) in Twilley v Tompkins.

• 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.