Topics

Sex discrimination

New and updated

  • 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.

  • Date:
    1 December 1994
    Type:
    Employment law cases

    Objective rather than subjective test

    Where an employee was told that a decision to transfer her was taken because she was a woman, the employers could not avoid a finding of sex discrimination by showing that the true reason for their decision was her unsatisfactory performance, rules the EAT in Allen v Cannon Hygiene Ltd.

  • Date:
    1 December 1994
    Type:
    Employment law cases

    "Women-only" post unlawful

    Rejecting the defence that being a woman was a "personal services" genuine occupational qualification for the post, a Nottingham industrial tribunal (Chair: D R Sneath) in Moult v Nottinghamshire County Council rules that it was unlawful to refuse an application from a man for a teaching post on women-only courses run by an all-women organisation.

  • Date:
    1 December 1994
    Type:
    Employment law cases

    ECJ rules on pension discrimination

    The European Court of Justice has handed down its rulings in six cases on issues relating to sex equality and occupational pension schemes in light of the decision in Barber v Guardian Royal Exchange Assurance Group EOR32A.

  • Date:
    1 December 1994
    Type:
    Employment law cases

    "Nimble fingers": women wanted

    An employer who told the Employment Service that he wanted job vacancies to be filled by women "because of their nimble fingers", did not attempt to procure an unlawful act, according to a Birmingham industrial tribunal (Chair: A C Tickle) in Equal Opportunities Commission v (1) Storey and Bloor (2) JES Manufacturing Co.

  • Date:
    1 December 1994
    Type:
    Employment law cases

    Cannock decision criticised

    In Bristow v Secretary of State for Defence a London South industrial tribunal (Chair: T J Mason) has expressed doubt about aspects of the guidance given by the EAT in Ministry of Defence v Cannock and others EOR57E on assessing compensation for servicewomen who were dismissed contrary to EC law because of their pregnancy.

  • Date:
    1 December 1994
    Type:
    Employment law cases

    Discriminatory dismissal damaged health

    A car salesman whose health suffered as a direct result of sex discrimination when he was dismissed because he was a man is awarded £15,000 compensation, including £5,000 for injury to feelings, by a Birmingham industrial tribunal (Chair: J K Macmillan) in Smith v Swithland Motors plc.

  • Date:
    1 December 1994
    Type:
    Employment law cases

    £8,000 injury to feelings award for maternity leaver

    In McClenaghan and Rice v British Shoe Corporation Ltd a Belfast industrial tribunal (Chair: E McBride) awards £11,455 compensation, including £8,000 for injury to feelings, to a maternity leaver who suffered "severe depression" following her dismissal when illness prevented her from returning to work within the statutory period.

  • 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.