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Equality, diversity and human rights

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  • Date:
    31 December 1991
    Type:
    Employment law cases

    Wetstein v (1) Misprestige Management Services Ltd (2) O'Farrell

    In Wetstein v (1) Misprestige Management Services Ltd (2) O'Farrell EAT/523/91, the Employment Appeal Tribunal upheld a tribunal's finding that a requirement to work a full week did not constitute indirect race discrimination against those of the Jewish race.

  • Date:
    1 January 1991
    Type:
    Employment law cases

    Pregnancy discrimination is sex discrimination

    In Dekker v Stichting Vormingscentrum voor Jonge Volwassenen (VJV-Centrum) Plus (8 November 1990), the European Court of Justice, in a historic decision, holds that refusal to employ a woman because she is pregnant or because of the costs associated with employing a pregnant woman is direct discrimination on grounds of sex contrary to the principle of equal treatment embodied in the EEC Equal Treatment Directive.

  • Date:
    21 December 1990
    Type:
    Employment law cases

    Sex discrimination: Refusal to hire pregnant woman breaches EEC law

    The European Court of Justice has ruled in Dekker v Stichting Vormingscentrum voor Jong Volwassenen (VJV-Centrum) Plus that it is a breach of the EEC "Equal Treatment" Directive for an employer to refuse to recruit a woman because she is pregnant, even if hiring her would have serious financial consequences for the employer.

  • Date:
    1 September 1990
    Type:
    Employment law cases

    Gender-based criteria are directly discriminatory

    In James v Eastleigh Borough Council (14 June 1990) EOR33B, the House of Lords holds that the test for determining whether there has been direct discrimination is "would the complainant have received the same treatment from the defendant but for his or her sex?". It is not necessary for complainants to prove in addition that the subjective reason they were treated less favourably was because of their gender.

  • Date:
    17 July 1990
    Type:
    Employment law cases

    Sex discrimination: Lords approve "but for" test in direct discrimination cases

    In a sex discrimination case the crucial question is whether the complainant would have received the same treatment but for his or her sex.

  • Date:
    19 June 1990
    Type:
    Employment law cases

    Sex discrimination: Equality required in occupational pensions

    The European Court of Justice holds that occupational pensions payable under a contracted-out scheme constitute "pay" under Article 119 of the Treaty of Rome, and so must be offered to men and women on equal terms.

  • Date:
    7 March 1989
    Type:
    Employment law cases

    Discrimination: Test for justifying indirect discrimination

    In Hampson v Department of Education and Science, the Court of Appeal rules that the exemption in s.41 of the Race Relations Act 1976 for acts done in pursuance of statutory authority does not extend to all acts done under a statute or statutory instrument.

  • Date:
    24 January 1989
    Type:
    Employment law cases

    Equal pay: Cross-establishment equal pay claims

    A woman can claim equal pay with a man working in a different establishment even if her own terms and conditions of employment are not "broadly similar" to his, provided that common terms and conditions are observed at their establishments, either generally or for employees of their respective classes.

  • Date:
    19 July 1988
    Type:
    Employment law cases

    Discrimination: Past conduct relevant to discrimination complaint

    Two recent appellate decisions have confirmed that evidence of the employers' past discriminatory actions or attitudes may be relevant in determining whether they have discriminated in the case under consideration.

  • Date:
    1 June 1988
    Type:
    Employment law cases

    Equal pay: Comparison of overall remuneration rejected

    In Hayward v Cammell Laird Shipbuilders Limited, the House of Lords rules that a successful equal pay claimant is entitled to have each distinct term in her contract of employment modified so that it is no less favourable than the corresponding term In her comparator's contract.

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