In Coote v Granada Hospitality Ltd (No.2), the EAT holds that it is possible to construe the Sex Discrimination Act 1975 so as to enable a claimant to make a victimisation complaint in relation to events that occurred after the employment relationship had terminated.
An employer who summarily dismissed a manager for disobeying an instruction was not consciously motivated by her having previously complained of sexual harassment constituting unlawful sex discrimination, and in those circumstances, holds the EAT in Higgins v Home Counties Newspapers Holdings plc, an employment tribunal was bound to dismiss the manager's victimisation complaint.
The EC Equal Treatment Directive requires member states to provide judicial protection for those whose former employers react to their bringing claims of sex discrimination against them during their employment by refusing their requests for a reference, rules the European Court of Justice in Coote v Granada Hospitality Ltd.
In Waters v Commissioner of Police of the Metropolis, the Court of Appeal holds that, in order to qualify for statutory protection against victimisation for having alleged a discriminatory act, the claimant must have asserted facts which are capable of amounting in law to an act of sex discrimination.
In deciding to exercise its discretion to extend the time limit for presentation of a complaint of sex discrimination, an industrial tribunal was entitled to take into account the fact that the complainant had been given incorrect legal advice, holds the EAT in Hawkins v (1) Ball (2) Barclays Bank plc.
A female solicitor who was asked to leave before her redundancy notice period expired when it was learnt that she had instituted industrial tribunal proceedings for sex discrimination, was unlawfully victimised, a Bristol industrial tribunal (Chair: C G Toomer) rules in Taylor v Osborne Clarke.
In Waters v Commissioner of Police of the Metropolis (14 February 1995) EOR64B, the EAT rules that an employer could not be not liable for victimising an employee who alleged that she was sexually harassed by a work colleague, where the alleged harassment was not committed in the course of employment.
In Waters v The Commissioner of Police of the Metropolis, the EAT holds that an industrial tribunal correctly rejected a complaint by a female employee that she was victimised by her employer because she alleged that she had been sexually assaulted by a male colleague.
HR and legal information and guidance relating to sex-related victimisation.