Results: 77

• Enderby v Frenchay Health Authority

  21 Dec 1990 [1991] ICR 382; The Times, 4 January 1991, EAT (Wood J)

  25 Oct 1991 [1994] ICR 112; [1992] IRLR 15, CA

  27 Oct 1993 (Case C-127/92); EU:C:1993:859; [1994] ICR 112; [1994] 1 All ER 495; [1994] 1 CMLR 8; [1993] ECR I-5535; [1993] IRLR 591, ECJ

  Subsequent considerations : 5 positive; 2 neutral; 2 negative. Subsequent citations: 85.
  DISCRIMINATION — Sex — Equal pay
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  Case index catchwords

  DISCRIMINATION — Sex — Equal pay — Woman speech therapist claiming equality of pay with male pharmacist and psychologist — Pay in accordance with collective bargaining agreements — Difference in pay partly due to market forces — Whether employer having to establish objective justification for differences in pay — Whether collective agreements and market forces objective justification — Equal Pay Act 1970, s 1(2)(c)(3) (as amended by Equal Pay (Amendment) Regulations 1983, reg 2(1)) — EEC Treaty, art 119

  1 Case considered

  1 EU Enactment considered

  2 Statutes considered

  1 Statutory Instrument 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
• Foster v British Gas Plc

  25 Sep 1986 [1987] ICR 52, IT

  06 Jul 1987 [1987] ICR 904, EAT

  13 May 1988 [1988] ICR 584, CA

  12 Jul 1990 (Case C-188/89); EU:C:1990:313; [1991] 1 QB 405; [1991] 2 WLR 258; [1991] ICR 84; [1990] 3 All ER 897; The Times, 13 July 1990, ECJ

  18 Apr 1991 [1991] 2 AC 306; [1991] 2 WLR 1075; [1991] ICR 463; [1991] 2 All ER 705; [1991] IRLR 268; (1991) 135 SJ 506; The Times, 19 April 1991; The Independent, 19 April 1991, HL(E)

  Subsequent considerations : 6 positive; 4 neutral; 1 negative. Subsequent citations: 68.
  DISCRIMINATION, SEX — Employment — Retirement

  EUROPEAN ECONOMIC COMMUNITY — Council Directive — Implementation

  DISCRIMINATION — Sex — Employment

  EUROPEAN COMMUNITY — Council Directive — Implementation
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  Case index catchwords

  DISCRIMINATION, SEX — Employment — Retirement — British Gas Corporation employees retired on reaching pension age — Different age for men and women — Whether corporation state authority — Whether unlawful discrimination — Council Directive (76/207/EEC), art 5(1)

  EUROPEAN ECONOMIC COMMUNITY — Council Directive — Implementation — Enforcement against member state — Public authority's discrimination against female employees — National legislation not conforming to Directive — Whether nationalised industry state employer — Sex Discrimination Act 1975, s 6(4) — Council Directive (76/207/EEC), art 5(1)

  DISCRIMINATION — Sex — Employment — Retirement — British Gas Corporation employees retired on reaching pension age — Different ages for men and women — Whether corporation state authority — Whether unlawful discrimination — Council Directive (76/207/EEC), art 5(1)

  EUROPEAN COMMUNITY — Council Directive — Implementation — Enforcement against member state — Whether nationalised industry state employer — Council Directive (76/207/EEC), art 5(1)

  7 Case(s) considered

  1 EU Enactment considered

  1 Statute considered

• Roberts v Birds Eye Walls Ltd

  16 Oct 1990 [1991] ICR 43; The Times, 2 November 1990, EAT

  09 Nov 1993 (Case C-132/92); EU:C:1993:868; [1994] ICR 338, ECJ

  Subsequent citations: 10.
  DISCRIMINATION — Sex — Equal pay
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  Case index catchwords

  DISCRIMINATION — Sex — Equal pay — State retirement pension deducted from occupational pension payable to female employees between 60 and 65 — Equivalent deduction for male employees only from age 65 — Whether breach of principle of equal pay — Employee in fact receiving widow's pension not retirement pension — Whether relevant — EEC Treaty, art 119

  1 Case considered

  2 EU Enactments considered

• Willson v Ministry of Defence

  06 Jul 1990 [1991] ICR 595; [1991] 1 All ER 638, QBD

  Subsequent citations: 6.
  DAMAGES — Personal injuries — Provisional damages
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  Case index catchwords

  DAMAGES — Personal injuries — Provisional damages — Plaintiff's injury predisposing to osteoarthritis — Whether appropriate for award of provisional damages — Supreme Court Act 1981, s 32A (as inserted by Administration of Justice Act 1982, s 6) — RSC, Ord 37, r 8(1)

  1 Statute considered

• Knott v Southampton and South-West Hampshire Health Authority

  28 Feb 1991 [1991] ICR 480, EAT

  EMPLOYMENT — Redundancy — Offer of suitable employment
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  Case index catchwords

  EMPLOYMENT — Redundancy — Offer of suitable employment — National Health Service — Employee refusing offer of alternative employment with salary protected — Whether suitability of employment and reasonableness of offer to be considered separately — Whitley Council Terms and Conditions for National Health Service Employees, s 45, para 8

• Andrews v King

  28 Jun 1991 [1991] ICR 846; [1991] STC 481; 64 TC 332; The Times, 5 July 1991, Ch D (Sir Nicolas Browne-Wilkinson VC)

  Subsequent citations: 2.
  REVENUE — Income tax — PAYE
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  Case index catchwords

  REVENUE — Income tax — PAYE — Farm worker organising gang to provide labour as and when required — Payments for work divided equally among gang members — Whether worker taxable on profits as gang master under Schedule D — Whether assessable under PAYE regulations for payments to other gang members — Income and Corporation Taxes Act 1970, s 109 — Income Tax (Employments) Regulations 1973, regs 3, 29 (as amended by Income Tax (Employments) (No 15) Regulations 1985, reg 7)

  1 Statute considered

  1 Statutory Instrument considered

• Ferguson v Gateway Training Centre Ltd

  17 Jan 1991 [1991] ICR 658; The Times, 25 January 1991, EAT (Wood J)

  EMPLOYMENT — Unfair dismissal — Compensation
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Compensation — Employee seeking reinstatement — Industrial tribunal finding dismissal without opportunity to explain unfair — Tribunal finding employee's contribution disentitling him to compensation — No specific findings on contribution — Employee's advocate unaware compensation in issue — Whether wrong to reach conclusion on compensation without indicating findings on liability

  3 Case(s) considered

• Whitfield v H & R Johnson Tiles Ltd

  02 Mar 1990 [1991] ICR 109; [1990] 3 All ER 426; The Times, 6 March 1990, CA

  FACTORY — Heavy load — Injury by lifting
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  Case index catchwords

  FACTORY — Heavy load — Injury by lifting — Employee with congenital weakness of spine employed in lifting tiles — Employer unaware of employee's condition — Employee injuring back — Whether employer negligent at common law and in breach of statutory duty — Factories Act 1961, s 72(1) (as amended by Factories Act 1961 (Repeals and Modifications) Regulations 1974, regs 2(a), 7(3), Sch 1)

  1 Case considered

  1 Statute considered
• Barclays Bank Plc v Kapur

  21 Dec 1988 [1989] ICR 142, EAT

  29 Jun 1989 [1989] ICR 753, CA

  24 Jan 1991 [1991] 2 AC 355; [1991] 2 WLR 401; [1991] ICR 208; [1991] 1 All ER 646; [1991] IRLR 136; The Times, 25 January 1991, HL(E) (Lord Bridge of Harwich, Lord Templeman, Lord Griffiths, Lord Ackner and Lord Lowry)

  Subsequent considerations : 1 neutral; 1 negative; most recently considered: 2022. Subsequent citations: 24.
  DISCRIMINATION, RACE — Employment — Discriminatory act
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  Case index catchwords

  DISCRIMINATION, RACE — Employment — Discriminatory act — Time when act committed — Bank employees' prior service in Africa not to count in calculating pension entitlement — Complaints of unlawful discrimination — Whether complaints presented within three months of act of discrimination — Whether exclusion of prior service “act extending over a period” — Race Relations Act 1976, ss 4(2), 68(1)(7), 78(1)

  7 Case(s) considered

  3 Words & Phrases considered

  1 Statute considered