Results: 75

• 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
• Thomas v Chief Adjudication Officer (Beard v Chief Adjudication Officer, Cooze v Chief Adjudication Officer, Morley v Chief Adjudication Officer, Murphy v Chief Adjudication Officer)

  31 Jul 1990 [1991] 2 QB 164; [1991] 2 WLR 886; [1991] 3 All ER 315; [1990] 3 CMLR 611; [1990] IRLR 436; The Times, 22 August 1990, CA

  30 Mar 1993 (Case C-328/91); EU:C:1993:117; [1993] QB 747; [1993] 3 WLR 581; [1993] ICR 673; [1993] 4 All ER 556, ECJ

  Subsequent considerations : 3 positive. Subsequent citations: 23.
  EUROPEAN COMMUNITY — Council Directive — Implementation
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  Case index catchwords

  EUROPEAN COMMUNITY — Council Directive — Implementation — United Kingdom legislation derogating from principle of equal treatment for men and women — Different pensionable ages for men and women — Exemption for determining ages for pensions and possible consequences thereof for other benefits — Whether applicable to severe disablement and invalid care allowances related to pensionable age — Social Security Act 1975, ss 36(4)(d), 37(5) (as amended by Health and Social Security Act 1984, s 11(1)) — Council Directive (79/7/EEC), arts 1, 7(1)(a)

  3 Case(s) considered

  2 EU Enactments considered

  2 Statutes 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

• Johnson v Chief Adjudication Officer

  11 Jul 1991 (Case C-31/90); [1993] QB 252; [1993] 2 WLR 192; [1993] ICR 204; [1992] 2 All ER 705; EU:C:1991:311, ECJ

  Subsequent citations: 7.
  EUROPEAN COMMUNITY — Social security — Equal treatment provisions for men and women

  SOCIAL SECURITY — Severe disablement allowance — Entitlement
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  Case index catchwords

  EUROPEAN COMMUNITY — Social security — Equal treatment provisions for men and women — Person giving up work to attend to upbringing of child — Whether provisions applicable — Council Directive (79/7/EEC), arts 2, 3(1)(a)

  SOCIAL SECURITY — Severe disablement allowance — Entitlement — Entitlement of persons entitled to former invalidity pension — Conditions for former invalidity pension discriminatory — Maintenance of discrimination by legislative provisions — Whether compatible with EEC Directive — Whether Directive directly applicable — Social Security Act 1975, s 165A (as inserted by Social Security Act 1985, s 17) — Social Security (Severe Disablement Allowance) Regulations 1984, reg 20(1) — Council Directive (79/7/EEC), art 4

  1 Case considered

  1 EU Enactment considered

  1 Statute considered

  1 Statutory Instrument considered
• Emmott v Minister for Social Welfare

  25 Jul 1991 (Case C-208/90); [1993] ICR 8; EU:C:1991:333, ECJ

  Subsequent considerations : 2 positive; 1 neutral; 5 negative. Subsequent citations: 48.
  EUROPEAN COMMUNITY — Council Directive — Implementation
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  Case index catchwords

  EUROPEAN COMMUNITY — Council Directive — Implementation — Enforcement against member state — National legislation derogating from principle of equal treatment for men and women — Differences in calculation of state invalidity benefits — Member state failing to amend inconsistent legislation by required date — Proceedings by individual in national court to obtain equality of payments from required date — State authority claiming proceedings time-barred — Whether state authority entitled to rely on time limit when state in default in failing to implement Directive — Council Directive (79/7/EEC), art 4(1)

  1 EU Enactment considered
• R v Board of Trustees of the Science Museum

  09 Mar 1993 [1993] 1 WLR 1171; [1993] ICR 876; [1993] 3 All ER 853, CA

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 26.
  HEALTH AND SAFETY — Statutory offence — Employer's liability
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  Case index catchwords

  HEALTH AND SAFETY — Statutory offence — Employer's liability — Duty not to expose public to risks to health or safety — Bacteria in air conditioning system — Possibility of danger — Whether necessary to prove actual danger — Whether public “exposed to risks to their health” — Health and Safety at Work etc Act 1974, s 3(1)

  1 Words & Phrases considered

  1 Statute considered

• Mecca Leisure Group Plc v Chatprachong

  23 Feb 1993 [1993] ICR 688, EAT

  Subsequent citations: 1.
  DISCRIMINATION — Race — Employment
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  Case index catchwords

  DISCRIMINATION — Race — Employment — Discriminatory act — Opportunities for promotion — Thai born casino employee seeking promotion — Promotion dependent on Gaming Board certificate — Employee's spoken English inadequate for Gaming Board interview — Employers making no provision for employee to improve English — Whether failure to afford access to opportunities for promotion — Race Relations Act 1976, ss 1(1)(a), 4(2)(b)

  1 Case considered

  1 Statute considered

• Secretary of State for Employment v Reeves

  26 Jan 1993 [1993] ICR 508, EAT

  EMPLOYMENT — Redundancy — Payment, calculation of
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  Case index catchwords

  EMPLOYMENT — Redundancy — Payment, calculation of — Redundancy payments ordered against employers by industrial tribunal — Employers insolvent — Subsequent award against Secretary of State for payment out of redundancy fund — Whether order in original proceedings or award against Secretary of State “relevant decision” for payment of interest — Employment Protection (Consolidation) Act 1978, ss 106, 108 (as amended by Employment Act 1989, s 29(3), Sch 6, paras 21, 22) — Industrial Tribunals (Interest) Order 1990, arts 2, 3(1)

  1 Words & Phrases considered

  1 Statute considered

  1 Statutory Instrument considered

• Duffy v Yeomans & Partners Ltd

  19 May 1993 [1993] ICR 862, EAT

  12 Jul 1994 [1995] ICR 1, CA

  Subsequent citations: 6.
  EMPLOYMENT — Unfair dismissal — Redundancy
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Redundancy — Selection for redundancy — Failure to consult employee prior to dismissal — No evidence of decision by employer that consultation pointless — Whether dismissal fair — Employment Protection (Consolidation) Act 1978, s 57(3) (as amended by Employment Act 1980, s 6)

  4 Case(s) considered

  2 Statutes 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