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- Date:
- 15 August 2003
- Type:
- Employment law cases
In MacDonald v AG for Scotland; Pearce v Governing Body of Mayfield School, the House of Lords holds that a homosexual who is dismissed or harassed because of his or her sexual orientation must be compared with a homosexual of the opposite gender for the purposes of establishing direct sex discrimination.
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- Date:
- 3 July 2003
- Type:
- Employment law cases
In Barton v Investec Henderson Crosthwaite Securities Ltd, the EAT holds that by the insertion of the new section 63A into the Sex Discrimination Act 1975, a "shifting" burden of proof is introduced into sex discrimination claims, making it necessary to set out fresh guidance as to the correct approach for employment tribunals to take.
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- Date:
- 1 July 2003
- Type:
- Employment law cases
Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.
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- Date:
- 9 May 2003
- Type:
- Employment law cases
In Shamoon v Chief Constable of the Royal Ulster Constabulary, the House of Lords holds that in cases where a complainant alleges direct sex discrimination, the statutory comparison requires that all the circumstances that are relevant to the way the complainant was treated are the same as, or not materially different from, the circumstances of the comparator.
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- Date:
- 4 April 2003
- Type:
- Employment law cases
In Vento v Chief Constable of West Yorkshire Police (No.2), the Court of Appeal holds that an employment tribunal was entitled to award £165,000 for future loss of earnings to a probationer police constable who suffered sex discrimination, culminating in her dismissal at the age of 30, two years after her appointment.
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- Date:
- 21 March 2003
- Type:
- Employment law cases
In Hendricks v The Commissioner of Police for the Metropolis, the Court of Appeal holds that an employment tribunal did not err in law in deciding that it had jurisdiction to hear a police officer's race and sex discrimination complaints, notwithstanding that none of the numerous alleged incidents of discriminatory treatment complained of occurred in the three-month period preceding the presentation of her originating application.
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- Date:
- 31 December 2002
- Type:
- Employment law cases
In Smith v Reliance Secure Task Management Ltd t/a Reliance Monitoring Services [2002] ET/1400993/02, an employment tribunal found that the job of tagging offenders did not need to be held by a woman to preserve decency or privacy of female offenders, so there was no genuine occupational qualification defence to a claim of sex discrimination.
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- Date:
- 9 December 2002
- Type:
- Employment law cases
In Zaiwalla & Co and another v Walia the EAT holds that an employment tribunal which upheld an employee's complaint of sex discrimination was entitled to award aggravated damages of £7,500 to reflect the fact that the employer conducted its defence of the tribunal proceedings in a manner deliberately designed to be intimidatory and threatening, and to cause the maximum distress to the employee.
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- Date:
- 11 June 2002
- Type:
- Employment law cases
This week's case roundup from Eversheds, covering company car policy and sex discrimination.
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- Date:
- 15 March 2002
- Type:
- Employment law cases
In Chief Constable of West Yorkshire Police v Vento, the EAT upholds an appeal against an employment tribunal's manifestly excessive awards of £165,000 for future loss of earnings, and £65,000 for injury to feelings (which included £15,000 aggravated damages) to a former probationer police officer who suffered unlawful sex discrimination.