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Remedy under EC law for unintentional indirect discrimination

This report relates to 1 case(s)

  • expand disabled

    Mulligan v Eastern Health & Social Services Board [1994] IT/1258/93 (0 other reports)

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).

Violet Mulligan, an occupational therapist employed in the North Down & Ards unit of management, unsuccessfully sought a jobshare under a negotiated jobshare scheme after returning from maternity leave to full-time work.