Mulligan v Eastern Health & Social Services Board [1994] IT/1258/93

Remedy under EC law for unintentional indirect discrimination

Date:

1 June 1994

In Mulligan v Eastern Health & Social Services Board a Belfast industrial tribunal (Chair: J Maguire) has ruled that the restriction under UK legislation precluding an award of compensation in a case of indirect sex discrimination, so long as the requirement or condition was not applied with the intention of treating the claimant less favourably on grounds of sex, is contrary to European Community law in light of the decision of the European Court in Marshall v Southampton and South-West Hampshire Area Health Authority (No.2).