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Selecting staff

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  • Date:
    1 June 1998
    Type:
    Law reports

    Positive discrimination finding upheld

    In ACAS v Taylor the EAT has dismissed an appeal against an industrial tribunal's finding that the Advisory, Conciliation and Arbitration Service (ACAS) unlawfully discriminated in favour of female employees in respect of promotion opportunities.

  • Date:
    1 May 1998
    Type:
    Law reports

    Effect of bias by interviewers

    In Marks & Spencer plc v Martins (19 December 1997) EOR79B, the Court of Appeal rules that it was an error for an industrial tribunal to find that the employer discriminated against an applicant on grounds of her race because its interviewers were guilty of "bias".

  • Date:
    1 March 1998
    Type:
    Law reports

    CRE victimised promotion candidate

    In Naidoo v Commission for Racial Equality a London South industrial tribunal (Chair: I S Lamb) rules that the CRE's failure to promote one of its Asian employees because she had previously brought proceedings against the Commission was unlawful victimisation.

  • Date:
    1 March 1998
    Type:
    Law reports

    Asian rejected, fictitious white applicant accepted

    An Asian male who submitted two job applications, one in his name and the other in the name of a white female possessing similar qualifications, was unlawfully discriminated against on grounds of race and sex when he was rejected but the fictitious applicant was called for an interview, rules a Leeds industrial tribunal (Chair: A J Simpson) in Hussain v (1) Harrison and (2) CD Bramall (Bradford) Ltd.

  • Date:
    1 March 1998
    Type:
    Law reports

    ACAS positively discriminated in favour of women

    The arbitration service ACAS applied a policy of unlawful positive discrimination in favour of female employees at a particular grade with the result that the applicant was treated less favourably because he was a man and denied access to promotion opportunities, rules a Manchester industrial tribunal (Chair: J E Goodman) in Taylor v Advisory Conciliation and Arbitration Service.

  • Date:
    1 January 1998
    Type:
    Law reports

    Limited positive discrimination allowed

    In Marschall v Land Nordrhein-Westfalen (11 November 1997) EOR77A, the European Court of Justice holds that it is not contrary to the EC Equal Treatment Directive for equally-qualified women to be given preference for promotion where there are fewer women than men in the relevant post, so long as male candidates are guaranteed that women are not to be given priority if reasons specific to an individual man tilt the balance in his favour.

  • Date:
    1 December 1997
    Type:
    Law reports

    Job refusal not justified

    In Sandy v Hampshire Constabulary an employment tribunal held that a disabled individual was discriminated against when a job offer was withdrawn due to the levels of absence that his back problems were likely to cause.

  • Date:
    1 December 1997
    Type:
    Law reports

    Black applicant rejected because of hairstyle

    An Afro-Caribbean applicant rejected for a job because she refused to change her hairstyle to comply with the employer's appearance code, was not unlawfully discriminated against on grounds of race, rules a London North industrial tribunal (Chair: D Leahy) in Johnson-Croft v Mezzo Ltd.

  • Date:
    1 December 1997
    Type:
    Law reports

    Sex bias in senior recruitment at university

    Finding the vice-chancellor's explanation as to why a woman who met the essential criteria for a senior non-academic post did not make it onto the shortlist as neither satisfactory nor convincing, a Belfast industrial tribunal (Chair: M Davey) in Fryers v University of Ulster rules that the unsuccessful candidate was discriminated against on grounds of sex and awards £33,000 compensation.

  • Date:
    1 December 1997
    Type:
    Law reports

    Black vicar wins race bias case

    An NHS trust which failed to follow its own equal opportunities and selection policies unlawfully discriminated on grounds of race when it refused a black vicar a hospital chaplaincy, rules a London North industrial tribunal (Chair: D H Roose) in Olumide v Chase Farm Hospitals NHS Trust.