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Selecting staff

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  • Date:
    1 May 2000
    Type:
    Law reports

    Safety no defence for rejecting pregnant woman

    In Mahlburg v Land Mecklenburg-Vorpommern (3 February 2000) EOR91A, the European Court of Justice rules that a pregnant woman cannot be turned down for a permanent job on grounds that she will not be able to take up the appointment because the job entails health and safety risks.

  • Date:
    1 March 2000
    Type:
    Law reports

    Conduct at tribunal increased injury

    Taking into account the way the respondents conducted their case at the tribunal hearing, a Sheffield employment tribunal (Chair: D R Snaith) in Hussain v (1) Wright, (2) Walters and (3) Jasmoor Rent A Car Ltd increases its award of compensation for injury to feelings against the employer from £7,000 to £11,000, following its finding that the applicant was not shortlisted for a job interview on racial grounds.

  • Date:
    1 December 1999
    Type:
    Law reports

    Stereotypical views block transsexual's promotion

    A transsexual postal worker who was not promoted because of his manager's stereotypical assumptions was unlawfully discriminated against on the grounds of sex, holds a Shrewsbury employment tribunal (Chair: J Corcoran) in Bourne v (1) Roberts and (2) The Post Office.

  • Date:
    1 December 1999
    Type:
    Law reports

    Offer withdrawn because job applicant was Nigerian

    A Nigerian job applicant who had his job offer withdrawn when it was found that he was not a British passport holder, even though he had the right to live and work in the UK, was unlawfully discriminated against, rules a Southampton employment tribunal (Chair: I A Edwards) in Shoye v Syntegra Ltd.

  • Date:
    1 September 1999
    Type:
    Law reports

    Asian crown prosecutor victimised

    An Asian barrister who was turned down for promotion because she had brought tribunal proceedings against the Crown Prosecution Service (CPS) was unlawfully victimised, rules a Bedford employment tribunal (Chair: P Robjant) in Bamieh v Crown Prosecution Service.

  • Date:
    1 September 1999
    Type:
    Law reports

    Qualified black applicant rejected

    A black woman whose job application was rejected despite her having "excellent qualifications for the job" was unlawfully discriminated against on grounds of race, holds a Leeds employment tribunal (Chair: J A Pickard) in Clarke v Kay & Co Ltd.

  • Date:
    1 September 1999
    Type:
    Law reports

    Company caught out by spoof application

    A textile company which offered a trial to a fictitious applicant purporting to be a white person, whilst not even replying to an Asian applicant with greater experience, unlawfully discriminated on grounds of race, holds a Leeds employment tribunal (Chair: J M Q Hepworth) in Hussain v Alfred Brown (Worsted Mills) Ltd.

  • Date:
    1 September 1999
    Type:
    Law reports

    Test for victimisation

    In Nagarajan v London Regional Transport (15 July 1999) EOR87A, the House of Lords holds that conscious motivation on the part of the discriminator is not a necessary ingredient of unlawful victimisation.

  • Date:
    1 June 1999
    Type:
    Law reports

    Discrimination by Lord Chancellor

    In Coker and Osamor v Lord Chancellor and Lord Chancellor's Department a London South employment tribunal (Chair: I S Lamb) has ruled that the Lord Chancellor indirectly discriminated on grounds of sex in respect of the appointment of his Special Advisor.

  • Date:
    1 June 1999
    Type:
    Law reports

    Selection arrangements changed to keep out black applicant

    An employer which suddenly changed its selection arrangements from direct appointment to open competition in respect of a new post, when it appeared that one of two black employees it had selected for redundancy might retain employment, unlawfully discriminated against that employee when his application was rejected in favour of a white colleague, holds a Leeds employment tribunal (Chair: C T Grazin) in Fletcher and Diabira v Federal Mogul Aftermarket UK Ltd.