In Marks & Spencer plc v Martins (19 December 1997) EOR79B, the Court of Appeal rules that it was an error for an industrial tribunal to find that the employer discriminated against an applicant on grounds of her race because its interviewers were guilty of "bias".
In X v Commission of the European Communities [1995] IRLR 320 ECJ, the European Court of Justice held that, under the European Convention on Human Rights an individual has the right to refuse to undergo a medical examination, and that this right must be respected.
A Pakistani doctor who was not shortlisted for a medical post because he could not meet the job requirements was unlawfully indirectly discriminated against, rules an Edinburgh industrial tribunal (Chair: S Krietman) in Mian v Common Services Agency and Brotherston.
Being a woman was a genuine occupational qualification for the post of regional manager with "a specialist ladies' lingerie retailer", rules a Reading industrial tribunal (Chair: M C Craft) in Rowson v Contessa (Ladieswear) Ltd.