All items: Indirect discrimination

• expand

  (1) Clarke v Eley (IMI) Kynoch Ltd (2) Eley (IMI) Kynoch Ltd v Powell [1982] IRLR 482 EAT (1 report relating to this case)

  • Discrimination: Part-timers first held indirect sex discrimination

    Date:

    21 December 1982

    In Clarke v Eley IMI) Kynoch Ltd and Eley (IMI) Kynoch Ltd v Powell, the EAT holds unlawful the blanket selection for redundancy of part-time workers, all of whom were women, before the criterion of last in first out was applied to full-timers.

• expand

  Aintree Hospitals NHS Trust v Reynolds [2003] All ER (D) 10 (Sep) EAT (2 reports relating to this case)

  • Sex discrimination: New pay terms for employees did not amount to indirectly discriminatory "requirement"

    Date:

    2 April 2004

    In Aintree Hospitals NHS Trust v Reynolds the EAT holds that an employment tribunal was wrong to find that an employee who was employed on the terms applicable to all those doing his work who, like him, were appointed after 1993 when the NHS Trust employer came into existence, suffered indirect sex discrimination.

  • Case round-up: equal pay comparators for transferred staff and unreasonable assessment of criteria in redundancy selection

    Date:

    23 September 2003

    This week's case round-up from Eversheds, covering: equal pay comparators for transferred staff; and unreasonable assessment of criteria in redundancy selection.

• expand

  Allcock v Chief Constable, Hampshire Constabulary [1997] IT/3101524/97 (1 report relating to this case)

  • Failure to set a gender-neutral job test

    Date:

    1 June 1998

    Different fitness criteria for male and female police officers discriminated against men, rules a Southampton industrial tribunal (Chair: D N Cowling) in Allcock v Chief Constable, Hampshire Constabulary.

• expand

  Allen and others v GMB [2008] IRLR 690 CA (2 reports relating to this case)

  • Sex discrimination: Trade union indirectly discriminated against members

    Date:

    15 September 2008

    In Allen and others v GMB [2008] IRLR 690, the Court of Appeal held that a trade union indirectly discriminated against a group of its members where its aim was to secure pay protection and future pay for employees, but its means of achieving this aim - persuading women with historic equal pay claims to settle them disadvantageously - were disproportionate.

  • Allen and others v GMB

    Date:

    16 July 2008

    The Court of Appeal has held that the GMB committed indirect sex discrimination in failing to pursue Middlesbrough Borough Council in connection with a long-running equal pay dispute.

• expand

  Allen v GMB [2006] ET/2506025/05 (1 report relating to this case)

  • Allen v GMB

    Date:

    14 June 2006

    In Allen v GMB [2006] ET/2506025/05, the employment tribunal has held that the GMB was liable for sex discrimination and victimisation in failing to pursue Middlesbrough Borough Council in connection with a long-running equal pay dispute.

• expand

  Amos v IPC Magazines [2001] ET/2301499/00 (1 report relating to this case)

  • Case digest

    Date:

    1 January 2002

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

• expand

  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.

• expand

  Barry v Midland Bank plc [1995] IT/52983/93 (1 report relating to this case)

  • Severance payment terms did not discriminate

    Date:

    1 September 1995

    In Barry v Midland Bank plc a London South industrial tribunal (Chair: E R Donnelly) rules that a voluntary severance payment scheme, which failed to take account any full-time service a part-time worker may have had, was not unlawfully indirectly discriminatory because most women worked full-time rather than part-time.

• expand

  Barry v Midland Bank plc [1997] ICR 192 EAT (2 reports relating to this case)

  • Equal pay: No indirect pay discrimination in voluntary severance scheme

    Date:

    1 May 1997

    In Barry v Midland Bank plc, the EAT holds that a woman bank employee was not indirectly discriminated against on the ground of her sex when the bank calculated her severance pay by reference to her part-time salary at the time of termination, notwithstanding that she had been employed full time for the first 11 years of her 13 years' service.

  • Contractual redundancy payment did not discriminate

    Date:

    1 March 1997

    In Barry v Midland Bank plc the EAT upholds an industrial tribunal's finding that a voluntary severance payment scheme, which failed to take into account any full-time service a part-time worker may have had, was not unlawfully indirectly discriminatory.

• expand

  Barry v Midland Bank plc [1998] IRLR 138 CA (2 reports relating to this case)

  • Equal pay: Calculation of part-timer's severance payment objectively justified

    Date:

    1 March 1998

    Calculating severance payments by reference to final pay, so that a part-timer who had previously worked full time did not have her full-time service reflected in her severance payment, was not proven to have a disproportionately adverse effect on women as compared with men but, if there was indirect discrimination, it was objectively justified, holds the Court of Appeal in Barry v Midland Bank plc.

  • Severance pay terms upheld

    Date:

    1 March 1998

    In Barry v Midland Bank plc the Court of Appeal has ruled that a redundancy pay scheme whereby severance pay is calculated on the basis of the employee's current pay at the date of termination does not contravene Article 119 of the EC Treaty even though it disadvantages part-time workers who previously worked full time by not taking into account any full-time service they may have had.