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Selecting staff

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  • Date:
    1 March 1990
    Type:
    Law reports

    Employer cannot be required to survey racial composition

    In Carrington v Helix Lighting Ltd (13 November 1989) EOR30B, the EAT holds that there is no power under the Industrial Tribunals Rules of Procedure to require an employer to furnish details of the ethnic composition of its workforce where such information is not already available. Instead, complainants should make use of the statutory question and answer procedure to attempt to elicit the necessary information.

  • Date:
    1 January 1989
    Type:
    Law reports

    Scope of action recommendation remedy

    In Noone v North West Thames Regional Health Authority (No 2) (15.7.88) EOR23D, the Court of Appeal holds that an industrial tribunal, which found that the complainant had been unlawfully discriminated against for a vacancy as a consultant, erred in recommending that the employers should seek authorisation to dispense with their statutory obligation to advertise their next vacancy for a consultant.

  • Date:
    1 September 1988
    Type:
    Law reports

    Pool for comparison should be restricted to qualified applicants

    In Pearse v City of Bradford Metropolitan Council (15.3.88) EOR21H, the EAT holds that the appropriate pool for comparison for the purpose of determining whether an eligibility requirement for a job has a disproportionate impact should be composed of those who are otherwise qualified for the post.

  • Date:
    1 July 1988
    Type:
    Law reports

    Drawing inferences of discrimination

    In Noone v North West Thames Regional Health Authority (17.3.88) EOR20E, the Court of Appeal holds that where there is a finding that a black candidate for a post has not been selected despite superior qualifications and the employer fails to provide a satisfactory explanation, usually a legitimate inference will be that the discrimination was on racial grounds.

  • Date:
    1 May 1988
    Type:
    Law reports

    Secret reference request leads to inference of religious discrimination

    In Ministry of Defence v The Fair Employment Agency for Northern Ireland (14.1.88) EOR19C, Judge Pringle QC in the Belfast Recorder's Court finds that a Roman Catholic was discriminated against on religious grounds in the selection arrangements made for civilian employment on a Navy ship when he was rejected because of a secret reference obtained by Military Headquarters.

  • Date:
    1 November 1987
    Type:
    Law reports

    Selection criterion not "requirement or condition"

    In Meer v London Borough of Tower Hamlets (15.5.87) EOR16C, the EAT rules that in order to found a claim of indirect discrimination upon the basis of a selection criterion with a disproportionate impact, the criterion must be obligatory and operate as an absolute bar.

  • Date:
    1 September 1987
    Type:
    Law reports

    Allocation of prison job racially discriminatory

    In Alexander v The Home Office (1.6.87) EOR15B, a County Court holds that the Race Relations Act applies to the work of prisoners in prisons and that the plaintiff had been unlawfully discriminated against with respect to his application for a kitchen job.

  • Date:
    1 September 1987
    Type:
    Law reports

    Statistical evidence on racial composition of successful applicants admissible

    In West Midlands Passenger Transport Executive v Singh (17.6.87) EOR15A, the EAT rules that a discrimination complainant is entitled to discovery of the number of applicants, successful and unsuccessful, categorised by race for similar posts in the two years preceding his own unsuccessful application for promotion.

  • Date:
    1 July 1987
    Type:
    Law reports

    Discouragement discriminatory only if selective

    In Simon v Brimham Associates (6.3.87) EOR14B, the Court of Appeal holds that a Jewish applicant who refused to state his religion at a job interview was not discriminated against when he was told that the question was asked because "if you were of the Jewish faith, it might preclude your selection for the job".

  • Date:
    1 July 1986
    Type:
    Law reports

    Guidelines for disclosure of applicant details

    In Williams v Thomas and Dyfed County Council (10.3.86) EOR8B, the EAT sets out a recommended procedure for discovery of details of job applicants intended to balance maintaining confidentiality with the discrimination complainant's right to a fair hearing.