Sex discrimination

New and updated

• 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

  Grooming warning was sex bias

  A woman who was warned that she would have to look for a new job if she didn't alter her hairstyle was unlawfully discriminated against on grounds of sex, rules a Liverpool industrial tribunal (Chair: E Lloyd-Parry) in Gatehouse v Stretton Leisure Ltd.

• Date:

  1 September 1994

  Type:

  Employment law cases

  Man loses claim based on woman swearing

  A petrol station worker who was embarrassed by his manageress using the word "fuck" did not suffer a detriment within the meaning of the Sex Discrimination Act 1975, according to a Southampton industrial tribunal (Chair: J Hollow) in Picariello v Star Service Stations Ltd.

• Date:

  1 September 1994

  Type:

  Employment law cases

  Successful boys would "fit in"

  In Bishop v The Cooper Group plc a London South industrial tribunal (Chair: E R Donnelly), hearing "alarm bells" when told that the successful male candidates for apprenticeships in a wholly male environment would "fit in", rules that a teenage girl was turned down because of her sex.