Updated to include information on the draft code of practice on the language requirements for public-sector workers.
Updated to include information on the draft code of practice on the English language requirement for public-sector workers, published on 21 July 2016.
In Tottenham Green Under Five's Centre v Marshall No. 2 (9 November 1990) EOR37B, the EAT holds that it is not open to an industrial tribunal to disregard a duty in determining whether a genuine occupational qualification exception applies, unless the matter is de minimis or is a sham duty.
In Greenwich Homeworkers Project v Mavrou (19 October 1990) EOR37C, the EAT suggests that the test for determining whether personal services could most effectively be provided by a person of a particular sex requires a comparison of a man and a woman who are otherwise similarly qualified.
In London Borough of Lambeth v Commission for Racial Equality (17 May 1990)EOR32C, the Court of Appeal confirms that the genuine occupational qualification exception to the Race Relations Act relating to the provision of "personal services" promoting welfare should be restricted to jobs involving direct contact between the giver and the recipient.
HR and legal information and guidance relating to genuine occupational qualifications and requirements in recruitment.