Equal opportunities policy and practice

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  • More needed to prevent sex bias

    Date:
    1 March 1999
    Type:
    Law reports

    A male trainee who was treated by his female manager in a more hostile and unfriendly manner than she treated his female colleagues, with the treatment culminating in his dismissal, was unlawfully discriminated against on grounds of sex, rules a Manchester employment tribunal (Chair: J E Goodman) in Gilbert v Midland Bank plc.

  • Women barred from premium pay jobs

    Date:
    1 September 1998
    Type:
    Law reports

    A woman who was repeatedly turned down for transfer to welding jobs in line with the employer's policy that jobs with enhanced pay rates would only be given to men was unlawfully discriminated on grounds of sex, holds a Birmingham employment tribunal (Chair: A J McCarry) in Power v ITW Ltd.

  • ACAS positively discriminated in favour of women

    Date:
    1 March 1998
    Type:
    Law reports

    The arbitration service ACAS applied a policy of unlawful positive discrimination in favour of female employees at a particular grade with the result that the applicant was treated less favourably because he was a man and denied access to promotion opportunities, rules a Manchester industrial tribunal (Chair: J E Goodman) in Taylor v Advisory Conciliation and Arbitration Service.

  • Employer not liable for sexual harassment

    Date:
    1 March 1998
    Type:
    Law reports

    In Higgins v Home Counties Newspapers Holdings plc a Bedford industrial tribunal (Chair: C Tribe) holds that an employer that had widely publicised equal opportunities and sexual harassment policies, which it took seriously, and whose managers were given awareness training, was not liable for the sexual harassment of one manager by another.

  • Discriminatory instruction can be discriminatory treatment

    Date:
    1 December 1997
    Type:
    Law reports

    A white employee who was instructed to discriminate on racial grounds was entitled to treat the instruction as grounds for constructive dismissal and for claiming that she was less favourably treated on grounds of race, the EAT has ruled in Weathersfield Ltd t/a Van & Truck Rentals v Sargent.

  • Race code failure "reprehensible"

    Date:
    1 September 1997
    Type:
    Law reports

    A Japanese bank's requirement that a non-Japanese executive director report to a lower-ranking Japanese associate director and the associate director's insistence that the executive director provide him with written reports whereas he was satisfied with oral reports from his Japanese colleagues was unlawful race discrimination, rules a Bury St Edmunds industrial tribunal in Mooyart v Sakura Finance International Ltd.

  • Failure to achieve "racial mix" led to dismissal

    Date:
    1 March 1997
    Type:
    Law reports

    A store manager who was dismissed following his failure to achieve a racial staff mix in his store to reflect the customer profile, was unlawfully discriminated against, rules a Bedford industrial tribunal (Chair: J M Wheeldon) in Patel v Somerfield Stores Ltd.

  • EO policy bypass resulted in race bias

    Date:
    1 December 1996
    Type:
    Law reports

    An Asian female employee was unlawfully discriminated against on grounds of race when two managers deliberately bypassed the company's equal opportunities procedures to enable them to select a white woman for promotion and not select her, rules a London North industrial tribunal (Chair: E Prevezer) in Silva v British Airways plc and others.

  • Discriminatory attitude

    Date:
    1 March 1996
    Type:
    Law reports

    Upholding an ethnic minority applicant's complaint of racial discrimination, a London South industrial tribunal (Chair: R Rideout) in Martins v Marks & Spencer plc finds that the effect of a discriminatory attitude prevailing in Marks & Spencer was such that the applicant was denied employment as a trainee manager.

  • Harassment policy must be implemented

    Date:
    1 March 1996
    Type:
    Law reports

    In order to avoid liability under s. 41(3) of the Sex Discrimination Act 1975, a large employer must ensure that an adequate policy is "understood, implemented and observed throughout the workplace", a Brighton industrial tribunal (Chair: S J W Scott) has ruled in A v Civil Aviation Authority.

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HR and legal information and guidance relating to equal opportunities policy and practice.