Topics

Selecting staff

New and updated

  • Date:
    1 December 1997
    Type:
    Law reports

    EC law allows limited tie-break

    In Marschall v Land Nordrhein-Westfalen the European Court of Justice rules that positive discrimination in favour of women is not contrary to EC law where an equally qualified woman is preferred for a post in a grade where women are underrepresented, so long as male candidates are guaranteed that the priority given to female candidates will be overridden where the selection criteria tilt the balance in the man's favour.

  • Date:
    1 December 1997
    Type:
    Law reports

    Discrimination against part-timers

    The European Court of Justice has ruled that German legislation on public sector employment, under which part-time employees had to complete a longer period of service than full-time workers in order to be eligible for promotion and exemption from a qualifying examination, is indirectly discriminatory.

  • Date:
    1 November 1997
    Type:
    Law reports

    Sexually intimidating interview

    In British Telecommunications plc v Williams (3 June 1997) EOR76E, the EAT overrules an industrial tribunal's finding that a woman's appraisal interview by a male manager was sexually intimidating so as to amount to sexual harassment when there was no woman present and the interview took place in a confined space.

  • Date:
    1 September 1997
    Type:
    Law reports

    Absolute "must" test abandoned

    In Falkirk Council and others v Whyte and others (30 June 1997) EOR75A, the EAT holds that a "requirement or condition" applied by the employer, for the purpose of the definition of indirect sex discrimination, does not have to be an absolute bar in order for it to be challenged.

  • Date:
    1 September 1997
    Type:
    Law reports

    Job rejection justified

    In Fozard v Greater Manchester Police Authority the employment tribunal held that an employer was justified in rejecting a disabled employee's job application which contained a number of errors when one of the essential criteria for the job was accuracy in written work.

  • Date:
    1 June 1997
    Type:
    Law reports

    Selection arrangements to be viewed as a whole

    Arrangements made by an employer for selection should be looked at as a whole to determine whether they are discriminatory, rather than on the basis of each individual element, a Leeds industrial tribunal (Chair: C T Grazin) rules in Wright v (1) Cannarile and (2) Alvani (North) Ltd.

  • Date:
    1 December 1996
    Type:
    Law reports

    Ex-employee victimised

    In Humberstone v (1) MacFadyen and (2) University of Southampton a Southampton industrial tribunal (Chair: D N Cowling) holds that a former employee who was not shortlisted for a vacancy was unlawfully victimised because she had brought a grievance alleging sex discrimination when she was previously employed.

  • Date:
    1 December 1996
    Type:
    Law reports

    Racist remark during job interview

    A manager's use of the phrase "black bastard" whilst interviewing a black job applicant was race discrimination, rules a Leeds industrial tribunal (Chair: J Prophet) in Baptiste v Westminster Press Ltd t/a Bradford & District Newspapers.

  • Date:
    1 March 1996
    Type:
    Law reports

    Question not discriminatory

    It was not discriminatory to ask a white applicant for the post of director of the Oldham Racial Equality Council whether she would have "any problems dealing with the ethnic minority community", rules a Manchester industrial tribunal (Chair: R Peters) in Hall v (1) Commission for Racial Equality and (2) Oldham Metropolitan Borough Council.

  • Date:
    1 March 1996
    Type:
    Law reports

    Discriminatory attitude

    Upholding an ethnic minority applicant's complaint of racial discrimination, a London South industrial tribunal (Chair: R Rideout) in Martins v Marks & Spencer plc finds that the effect of a discriminatory attitude prevailing in Marks & Spencer was such that the applicant was denied employment as a trainee manager.