All items: Sex discrimination

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  Application by Badeck [2000] IRLR 432 ECJ (2 reports relating to this case)

  • ECJ backs positive discrimination

    Date:

    1 July 2000

    In Application by Badeck (28 March 2000) EOR92B, the European Court of Justice rules that a measure which gives priority in promotion to women, where they are equally qualified to men, in sectors where women are underrepresented is compatible with EU law if it does not automatically and unconditionally give priority to women, and the candidates are the subject of an objective assessment which takes account of their specific personal situations.

  • Sex discrimination: Positive action measures in favour of women were compatible with Community law

    Date:

    1 June 2000

    On an application by Georg Badeck and others, the European Court of Justice rules that provisions of German legislation - the aim of which was equal access of women and men to posts in the public service by the adoption of advancement plans for women with binding targets - were not precluded by the EC Equal Treatment Directive.

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  Argent v NHS Luton ET/1502168/08 (1 report relating to this case)

  • Being female not a genuine occupational qualification for healthcare role

    Date:

    25 February 2010

    In this case, a medical consultant sought to apply for the position of consultant in sexual healthcare, but was not allowed to apply because NHS Luton asserted that being female was a genuine occupational qualification for the role.

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  Armstrong v DB Regio Tyne and Wear Ltd ET/2500602/11 (1 report relating to this case)

  • Sex discrimination: male train driver awarded £5,000 over flexible working withdrawal

    Date:

    19 October 2011

    The employer in this case got a review of its flexible working arrangements wrong by assuming that women's applications to retain their flexible working arrangements should be favoured over men's applications.

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  Armstrong v McKay t/a Bazaar [1993] IT/2820/92 (1 report relating to this case)

  • Aggravated damages for calling applicant "scumbag"

    Date:

    1 December 1993

    In Armstrong v McKay t/a Bazaar a Belfast industrial tribunal (Chair: M McAlister) has awarded aggravated damages against an employer who made an offensive remark to an applicant in the tribunal room prior to the hearing of a discrimination complaint.

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  Armstrong v Prison Officers Association [1999] ET/2401194/98 (1 report relating to this case)

  • Union refused to assist harassment victim

    Date:

    1 December 1999

    A trade union which refused to assist a member in connection with her allegations of sexual harassment against a male colleague, who was also a member of the union, did not unlawfully discriminate, rules a Manchester employment tribunal (Chair: C J Chapman) in Armstrong v Prison Officers Association.

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  Ashford v Rossendale Transport Ltd and another ET/2405344/10 (1 report relating to this case)

  • Transfer of undertakings (TUPE): employment tribunal decisions

    Date:

    8 March 2012

    The cases below examine various issues arising under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), including service provision changes; collective consultation; an employee's objection to the transfer and a substantial; and detrimental change to working conditions.

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  Ashton v Chief Constable of West Mercia Constabulary [2001] ICR 67 EAT (1 report relating to this case)

  • Ashton v Chief Constable of West Mercia Constabulary

    Date:

    31 December 2001

    In Ashton v Chief Constable of West Mercia Constabulary [2001] ICR 67 EAT, the Employment Appeal Tribunal upheld an employment tribunal's decision that a male to female transsexual dismissed due to poor performance had not been discriminated against on grounds of sex, although the poor performance was linked to the side effects of medical treatment for gender reassignment. It also upheld a finding that the employee was not disabled within the meaning in the Disability Discrimination Act 1995.

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  Aslett v Les Femmes de Menage Ltd [2009] ET/1101490/09 (1 report relating to this case)

  • Pregnancy and maternity leave discrimination: employment tribunal decisions

    Date:

    19 January 2010

    This article summarises the main issues and outcomes in five tribunal cases brought by pregnant employees or employees on maternity leave. Although the decisions are not binding on other tribunals, they provide useful illustrations for employers of situations that have led to pregnancy discrimination claims.

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  Assoukou and Select Services Partners Ltd and others EAT/0585/05 (1 report relating to this case)

  • Case round-up: Compensation for unfair dismissal

    Date:

    14 March 2006

    This week's case round-up from Eversheds, covering compensation for unfair dismissal.

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  Astley v (1) Martin Dawes Ltd (2) Stradling (3) Brown (4) MacDonald [2003] ET/2901555/02 (1 report relating to this case)

  • Case digest

    Date:

    1 February 2004

    Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.