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Equality, diversity and human rights

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  • Date:
    19 June 1990
    Type:
    Employment law cases

    Sex discrimination: Equality required in occupational pensions

    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.

  • Date:
    7 March 1989
    Type:
    Employment law cases

    Discrimination: Test for justifying indirect discrimination

    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.

  • Date:
    24 January 1989
    Type:
    Employment law cases

    Equal pay: Cross-establishment equal pay claims

    A woman can claim equal pay with a man working in a different establishment even if her own terms and conditions of employment are not "broadly similar" to his, provided that common terms and conditions are observed at their establishments, either generally or for employees of their respective classes.

  • Date:
    19 July 1988
    Type:
    Employment law cases

    Discrimination: Past conduct relevant to discrimination complaint

    Two recent appellate decisions have confirmed that evidence of the employers' past discriminatory actions or attitudes may be relevant in determining whether they have discriminated in the case under consideration.

  • Date:
    1 June 1988
    Type:
    Employment law cases

    Equal pay: Comparison of overall remuneration rejected

    In Hayward v Cammell Laird Shipbuilders Limited, the House of Lords rules that a successful equal pay claimant is entitled to have each distinct term in her contract of employment modified so that it is no less favourable than the corresponding term In her comparator's contract.

  • Date:
    31 March 1987
    Type:
    Employment law cases

    Discrimination: Discriminatory job evaluation schemes

    In RummIer v Dato-Druck GmbH, the European Court of Justice rules that a job evaluation scheme which falls to take into account criteria for which workers of each sex may show particular aptitude may be in breach of EEC sex discrimination law.

  • Date:
    1 August 1986
    Type:
    Employment law cases

    Bilka-Kaufhaus GmbH v Weber von Hartz

    In Bilka-Kaufhaus GmbH v Weber von Hartz [1986] IRLR 317 ECJ, the European Court of Justice held that the exclusion of part-time workers from occupational pension schemes contravenes Article 119 of the Treaty of Rome if this exclusion affects significantly more women than men, unless the employer can show that the exclusion is based on objectively justified factors unrelated to any discrimination on grounds of sex.

  • Date:
    1 May 1986
    Type:
    Employment law cases

    Discriminatory retirement age

    In Marshall v Southampton and South-West Hampshire Area Health Authority (26.2.86) EOR7E, the European Court of Justice rules that compulsory retirement of men and women at different ages contravenes the EEC Equal Treatment Directive.

  • Date:
    10 September 1985
    Type:
    Employment law cases

    Discrimination: Workforce pressure led to discrimination

    The Court of Appeal in R v Commission for Racial Equality (ex parte Westminster City Council) upholds the High Court's finding that employers are guilty of discriminatory conduct if they give into workforce pressure which is itself based on discrimination.

  • Date:
    7 August 1984
    Type:
    Employment law cases

    Discrimination: Ban on part-timers unjustified

    In The Home Office v Holmes, the EAT holds that a ban on part-time work can amount to unlawful sex discrimination.

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