Sex discrimination

New and updated

• Date:

  1 March 1995

  Type:

  Employment law cases

  Office banter no more offensive to women than men

  A woman who was called a "dumb bastard" by her managing director was not less favourably treated than a man would be treated, and general office banter which was no more offensive to women than to men could not be regarded as sexual harassment, says a Manchester industrial tribunal (Chair: P J Russell) in Smith v Bowater Labels Ltd.

• Date:

  1 March 1995

  Type:

  Employment law cases

  Young children led to rejection

  In Cooke v University of Nottingham and Iacovitti a Nottingham industrial tribunal (Chair: D R Sneath) rules that a woman whose job application was rejected because she had two young children was unlawfully discriminated against on grounds of sex.

• Date:

  1 March 1995

  Type:

  Employment law cases

  Harassment complaint not taken seriously

  A female trainee whose complaint of threats of violence and harassment by a fellow male trainee was not properly investigated by the college principal was unlawfully discriminated against on grounds of sex, rules a Newcastle upon Tyne industrial tribunal (Chair: P G Rennie) in McGuiness v Finchale Training College.

• Date:

  1 March 1995

  Type:

  Employment law cases

  'Lad' wanted for heavy lifting job

  An employer who asked jobcentre staff to advertise a job as being one for a "lad" because it involved heavy lifting acted unlawfully, rules a Birmingham industrial tribunal (Chair: J G Haslam) in Equal Opportunities Commission v Grays Retailing Ltd.

• Date:

  1 March 1995

  Type:

  Employment law cases

  £2,000 award for injury to feelings approved

  In Automotive and Financial Group Ltd v Bark the EAT has held that a compensation award of £2,000 for injury to feelings to a trainee salesperson, who was dismissed after she was sexually harassed, fell within the bracket of permissible awards.

• Date:

  1 March 1995

  Type:

  Employment law cases

  Claim for widower's pension blocked

  The exception to the temporal limitation in the Barber decision in respect of workers who have already brought legal proceedings "or made an equivalent claim" only applies where the claim had been made to an independent third party with power to make a determination, holds a Bristol industrial tribunal (Chair: C G Toomer) in Howard v Ministry of Defence.

• Date:

  1 March 1995

  Type:

  Employment law cases

  Overtime pay for part-timers

  In Stadt Lengerich v Helmig (15 December 1994) EOR60A, the European Court of Justice rules that there is no discrimination contrary to European Community law where a collective agreement provides that overtime supplements will be paid only when the normal working hours for full-time employees are exceeded.

• Date:

  1 January 1995

  Type:

  Employment law cases

  Sexual remark discriminatory

  In Insitu Cleaning Co Ltd v Heads (1 September 1994) EOR59B, the EAT rules that a remark about a woman's breasts subjected her to a detriment and was unlawfully discriminatory. The EAT recommends that the employers adopt a sexual harassment procedure to prevent future incidents.

• Date:

  1 January 1995

  Type:

  Employment law cases

  Sex discrimination: Single remark can constitute sexual harassment

  In Insitu Cleaning Co Ltd and another v Heads the EAT rejects an employer's argument that a single act cannot amount to sexual harassment until it has been done and rejected as "unwanted conduct".

• Date:

  1 December 1994

  Type:

  Employment law cases

  Rostering scheme discriminated

  In Edwards v London Underground Ltd a London North industrial tribunal (Chair: R Upex) rules that new rostering arrangements introduced as part of a £10 million cost-saving plan indirectly discriminated against a female train operator, who was a single parent.