Sector focus
The Court of Appeal has held that paying bonuses to employees who worked night shifts did not constitute sex discrimination.
In Redcar & Cleveland Borough Council v Bainbridge and Equality and Human Rights Commission and other appeals [2008] IRLR 776, the Court of Appeal held that a transitional pay protection scheme that, in effect, preserved the previous (unlawful) pay levels of men, while failing to offer equivalent higher pay to women engaged on work rated as equivalent, perpetuated historic indirect sex discrimination and was not objectively justified.
In Bayode v The Chief Constable of Derbyshire EAT/0499/07, the EAT held that, where alleged less favourable treatment consisted of accurate written records made by colleagues in their personal notebooks about aspects of a black police officer's behaviour that were of concern to them, the employment tribunal was entitled to find on the facts that the officer had no justified sense of grievance about the making of the entries and therefore had not suffered any detriment.
The Employment Appeal Tribunal has held that, in the circumstances of the case, the issue of disparate treatment did not arise when an employee was dismissed but another was not disciplined.
In Azmi v Kirklees Metropolitan Borough Council EAT/0009/07, the Employment Appeal Tribunal (EAT) has dismissed an appeal against an employment tribunal's ruling that an employee who was dismissed for refusing to remove her veil while teaching had not been discriminated against on the grounds of religion or belief.
In Bull and another v Nottinghamshire and City of Nottingham Fire and Rescue Authority; Lincolnshire County Council v Fire Brigades Union and others [2007] All ER (D) 372 (Feb) CA, the Court of Appeal has held that it is not part of fire-fighters' normal contractual duties under a collective agreement to go to accidents and emergencies that would normally be dealt with by ambulance crews.
In Craigie v London Borough of Haringey EAT/0556/06, the Employment Appeal Tribunal (EAT) has considered when a contract of employment can be implied between an agency worker and an end user.
In Fowler v London Borough of Waltham Forest EAT/0116/06, the Employment Appeal Tribunal (EAT) has reiterated that the duty to make reasonable adjustments for the disabled does not normally include giving full pay to an individual during sickness absence.
In Griffiths and another v Salisbury District Council [2004] All ER (D) 104 (Feb) CA, the Court of Appeal held that the Implementation Agreement reached as part of the establishment of the new national agreement setting up the National Joint Council for Local Government Services formed part of the contracts of employment of the council's employees. The results of a regrading exercise that was carried out in accordance with the provisions of the Implementation Agreement were therefore incorporated into the employees' contracts of employment as legally binding terms.
In Heath v Commissioner of Police for the Metropolis, the Court of Appeal holds that proceedings before a Police Disciplinary Board are judicial or quasi-judicial proceedings to which the rule of immunity from suit attaches.
HR and legal information, news and guidance relating to specific industry sectors.