Results: 83

• Webb v Emo Air Cargo (UK) Ltd

  14 Feb 1990 [1990] ICR 442; The Times, 21 February 1990, EAT

  20 Dec 1991 [1992] ICR 445; [1992] 2 All ER 43, CA

  26 Nov 1992 [1993] 1 WLR 49; [1993] ICR 175; [1992] 4 All ER 929, HL(E)

  14 Jul 1994 (Case C-32/93); EU:C:1994:300; [1994] QB 718; [1994] 3 WLR 941; [1994] ICR 770; [1994] 4 All ER 115, ECJ

  Subsequent considerations : 2 positive; 2 neutral. Subsequent citations: 143.
  DISCRIMINATION, SEX — Employment — Dismissal

  DISCRIMINATION — Sex — Employment

  EUROPEAN COURT OF JUSTICE — Reference to — Court's previous decisions
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  Case index catchwords

  DISCRIMINATION, SEX — Employment — Dismissal — Act of discrimination — Pregnant woman dismissed by employers — Whether discrimination on ground of sex — Sex Discrimination Act 1975, s 1(1)(a)

  DISCRIMINATION — Sex — Employment — Pregnancy — Applicant engaged for unlimited term but initially to replace pregnant employee during maternity leave — Dismissal shortly after appointment as consequence of pregnancy — Whether dismissal precluded by reason of discrimination on ground of sex — Sex Discrimination Act 1975, ss 1(1)(a)(b), 5(3) — Council Directive (76/207/EEC), arts 2(1), 5(1) — Council Directive (92/85/EEC), art 10

  EUROPEAN COURT OF JUSTICE — Reference to — Court's previous decisions — Dismissal of pregnant applicant unable to carry out contract — Whether discrimination on ground of sex — Whether fundamental reason for dismissal unavailability for job or pregnancy — Council Directive (76/207/EEC), art 2(1)

  11 Case(s) considered
• Marshall v Southampton and South West Hampshire Health Authority (Teaching) (No 2)

  18 Sep 1989 [1990] ICR 6, EAT

  31 Jul 1990 [1991] ICR 136; The Times, 4 September 1990, CA

  02 Aug 1993 (Case C-271/91); EU:C:1993:335; [1994] QB 126; [1993] 3 WLR 1054; [1993] ICR 893; [1993] 4 All ER 586, ECJ

  02 Feb 1994 (Note) [1994] AC 530; [1994] 2 WLR 392; [1994] ICR 242; [1994] 1 All ER 736, HL(E)

  Subsequent considerations : 1 positive; 1 neutral; 3 negative. Subsequent citations: 81.
  DISCRIMINATION, SEX — Employment — Compensation

  DISCRIMINATION — Sex — Employment
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  Case index catchwords

  DISCRIMINATION, SEX — Employment — Compensation — Interest — Award of compensation including sum representing interest — Whether industrial tribunal having power to award interest — Sex Discrimination Act 1975, ss 65, 66 — Council Directive (76/207/EEC), art 6

  DISCRIMINATION — Sex — Employment — Award including interest and exceeding statutory limit in reliance on Community law — Whether national provisions limiting compensation and excluding interest contrary to EEC Directive — Whether Directive directly applicable against authority of member state to override provisions — Sex Discrimination Act 1975, s 65(2) (as amended by Employment Protection Act 1975, Sch 16, Pt IV, para 18 and Employment Protection (Consolidation) Act 1978, Sch 16, para 20(1)) — Council Directive (76/207/EEC), arts 5, 6

  7 Case(s) considered

  1 EU Enactment considered

  1 Statute considered
• Barber v Guardian Royal Exchange Assurance Group

  17 May 1990 (Case C-262/88); EU:C:1990:209; [1991] 1 QB 344; [1991] 2 WLR 72; [1990] ICR 616; [1990] 2 All ER 660; The Times, 18 May 1990, ECJ

  Subsequent considerations : 16 positive; 6 neutral; 2 negative. Subsequent citations: 149.
  DISCRIMINATION — Sex — Employment
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  Case index catchwords

  DISCRIMINATION — Sex — Employment — Severance terms of private occupational pension scheme offering early retirement for those made redundant — Pension payable to women on attaining 50 but deferred for men until aged 55 — Whether unlawful discrimination — Whether individual having remedy before national courts — Whether redundancy payment “pay” — Sex Discrimination Act 1975, s 6(4) — EEC Treaty, art 119

  1 Words & Phrases considered
• James W Cook & Co (Wivenhoe) Ltd v Tipper

  17 May 1990 [1990] ICR 716; The Times, 31 May 1990, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 6.
  EMPLOYMENT — Unfair dismissal — Compensation

  EMPLOYMENT — Unfair dismissal — Complaint
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Compensation — Dismissal for redundancy prior to closure of business — Dismissals unfair — Whether compensatory award limited to period prior to closure of business — Employment Protection (Consolidation) Act 1978, s 74(1)

  EMPLOYMENT — Unfair dismissal — Complaint — Dismissal prior to closure of business — Whether “reasonably practicable” for complaints to have been presented earlier — Employment Protection (Consolidation) Act 1978, s 67(2)

  1 Words & Phrases considered

• Carrington v Helix Lighting Ltd

  13 Nov 1989 [1990] ICR 125, EAT

  Subsequent citations: 2.
  DISCRIMINATION, RACE — Evidence — Discriminatory act
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  Case index catchwords

  DISCRIMINATION, RACE — Evidence — Discriminatory act — Unsuccessful application for job — Interlocutory application to industrial tribunal requesting information relating to ethnic origin of workforce — Application refused on ground that information not available in documentary form — Whether industrial tribunal having jurisdiction to order interrogatories

  1 Case considered

• Baker v Cornwall County Council

  28 Mar 1990 [1990] ICR 452; The Times, 13 April 1990, CA

  Subsequent citations: 6.
  DISCRIMINATION, SEX — Employment — Applicant for employment
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  Case index catchwords

  DISCRIMINATION, SEX — Employment — Applicant for employment — Woman candidate for post — Employers' view that male candidate would better fit into organisation — Male candidate appointed — Whether industrial tribunal's finding of no discrimination on ground of sex to be disturbed — Sex Discrimination Act 1975, s 6

  2 Case(s) considered
• Eagland v British Telecommunications Plc

  31 Oct 1989 [1990] ICR 248; [1990] IRLR 328, EAT (Wood J, Mr J P M Bell and Mr A C Blyghton)

  30 Apr 1992 [1993] ICR 644; [1992] IRLR 323, CA (Parker and Leggatt LJJ, Sir David Croom-Johnson)

  Subsequent considerations : 1 neutral. Subsequent citations: 3.
  EMPLOYMENT — Contract of employment — Statement of terms
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  Case index catchwords

  EMPLOYMENT — Contract of employment — Statement of terms — Agreement as to rate of pay — Employer's letter purporting to set out terms of contract — Employee disputing certain terms — Application to industrial tribunal to amend particulars — Whether letter accurate reflection of original agreement — Employment Protection (Consolidation) Act 1978, ss 1, 11(1)(2) (as amended by Employment Act 1982, s 20, Sch 2, para 8)

  EMPLOYMENT — Contract of employment — Statement of terms — Agreement as to rate of pay — Employer's letter purporting to set out terms of contract — Employee disputing terms inferior to those of fellow employees — Application to industrial tribunal to amend particulars — Whether letter accurate reflection of original agreement — Whether terms applying to other employees to be implied — Employment Protection (Consolidation) Act 1978, ss 1 (as amended by Employment Act 1982, s 20, Sch 2, para 8(1) and Employment Act 1989, s 29(3), Sch 6, para 18), 11

  3 Case(s) considered

  1 Statute considered

• City and Hackney Health Authority v Crisp

  27 Oct 1989 [1990] ICR 95, EAT

  Subsequent citations: 3.
  EMPLOYMENT — Unfair dismissal — Re-engagement
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Re-engagement — Compensatory award — Industrial tribunal awarding loss of earnings between dismissal and re-engagement — Whether sum to be reduced for failure diligently to assert claim for re-engagement — Employment Protection (Consolidation) Act 1978, s 69(1)(4)(6)
• James v Eastleigh Borough Council

  26 Apr 1989 [1990] 1 QB 61; [1989] 3 WLR 123; [1989] ICR 423; 87 LGR 651, CA (Sir Nicolas Browne-Wilkinson V-C, Parker, Nourse LJJ)

  14 Jun 1990 [1990] 2 AC 751; [1990] 3 WLR 55; [1990] ICR 554; [1990] 2 All ER 607; 88 LGR 756; The Times, 15 June 1990, HL(E) (Lord Bridge of Harwich, Lord Griffiths, Lord Ackner, Lord Goff of Chieveley and Lord Lowry)

  Subsequent considerations : 8 positive; 5 neutral; 4 negative; most recently considered: 2013. Subsequent citations: 119.
  DISCRIMINATION, SEX — Provision of goods, facilities or services — Less favourable treatment
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  Case index catchwords

  DISCRIMINATION, SEX — Provision of goods, facilities or services — Less favourable treatment — Free swimming provided to persons of state pension age — Whether unlawful discrimination against men — Social Security Act 1975, s 27(1) — Sex Discrimination Act 1975, ss 1(1)(a)(b), 29(1)(b)

  4 Case(s) considered

  2 Statutes considered

• British Coal Corpn v Cheesbrough

  29 Jul 1987 [1988] ICR 60, EAT

  11 May 1988 [1988] ICR 769, CA

  15 Feb 1990 [1990] 2 AC 256; [1990] 2 WLR 407; [1990] ICR 317; [1990] 1 All ER 641; The Times, 15 February 1990, HL(E)

  Subsequent citations: 2.
  EMPLOYMENT — Redundancy — Payment, calculation of
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  Case index catchwords

  EMPLOYMENT — Redundancy — Payment, calculation of — Week's pay — Average hourly rate of remuneration — Incentive bonus paid for shift work — Overtime rate paid without bonus — Whether overtime to be calculated at shift rate with bonus — Employment Protection (Consolidation) Act 1978, Sch 14, paras 3, 5(1)(2)

  3 Case(s) considered