Results: 75

• 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
• 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

• 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
• Commission of the European Communities v United Kingdom

  08 Jun 1994 (Case C-382/92); [1994] ICR 664; EU:C:1994:233, ECJ

  Subsequent considerations : 3 neutral. Subsequent citations: 41.
  EMPLOYMENT — Redundancy — Trade union consultation

  EMPLOYMENT — Transfer of undertaking — Protection of employees
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  Case index catchwords

  EMPLOYMENT — Redundancy — Trade union consultation — EEC Council Directive — Whether Directive correctly transposed into United Kingdom law — Employment Protection Act 1975, ss 99, 100, 102(3) — EEC Treaty, art 5 — Council Directive (75/129/EEC), arts, 1, 2, 3

  EMPLOYMENT — Transfer of undertaking — Protection of employees — EEC Council Directive — Whether Directive correctly transposed into United Kingdom law — Transfer of Undertakings (Protection of Employment) Regulations 1981, regs 2(1), 11 — EEC Treaty, art 5 — Council Directive (77/187/EEC), art 6

  1 EU Enactment considered

  1 Statute considered

• Ely v YKK Fasteners (UK) Ltd

  06 Jul 1993 [1994] ICR 164, CA

  Subsequent citations: 1.
  EMPLOYMENT — Unfair dismissal — Reason for dismissal
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Reason for dismissal — Resignation — Employee expressing intention to resign — Change of mind by employee — Employer insisting contract terminated by resignation — Industrial tribunal finding employee dismissed — Whether employer precluded from having reason for dismissal — Whether dismissal for “some other substantial reason” — Employment Protection (Consolidation) Act 1978, s 57(1)(b)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• Johnstone v BBC Enterprises Ltd

  22 Apr 1993 [1994] ICR 180, EAT

  INDUSTRIAL RELATIONS — Trade union activities — Action (short of dismissal)
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  Case index catchwords

  INDUSTRIAL RELATIONS — Trade union activities — Action (short of dismissal) — Failure to renew fixed term contract — Whether “dismissal” — Whether “action (short of dismissal)” — Employment Protection (Consolidation) Act 1978, ss 23(1)(b) (as amended by Employment Act 1988, s 33, Sch 4), 55

  2 Words & Phrases considered

  1 Statute considered
• In re Supply of Ready Mixed Concrete (No 2) (Director General of Fair Trading v Pioneer Concrete (UK) Ltd)

  25 Jun 1993 [1994] ICR 57, CA

  24 Nov 1994 [1995] 1 AC 456; [1994] 3 WLR 1249; [1995] ICR 25; [1995] 1 All ER 135, HL(E)

  Subsequent considerations : 2 positive; 1 neutral; 1 negative. Subsequent citations: 40.
  CONTEMPT OF COURT — Breach of injunction — Employers' liability
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  Case index catchwords

  CONTEMPT OF COURT — Breach of injunction — Employers' liability — Employers subject to Restrictive Practices Court's injunctions — Employees disregarding injunctions contrary to employers' prohibition and without their knowledge — Whether employers required to take steps to enforce prohibition — Whether vicariously liable — Whether in contempt of court — Restrictive Trade Practices Act 1976, s 35(1)(3)

  8 Case(s) considered

  1 Statute considered

• Knowles v Liverpool City Council

  29 Jun 1992 [1993] ICR 21, CA

  11 Feb 1993 [1993] ICR 236, CA

  14 Oct 1993 (pet all) [1993] 1 WLR 1428; [1994] ICR 243; [1993] 4 All ER 321; 91 LGR 629, HL(E)

  Subsequent citations: 2.
  HEALTH AND SAFETY — Employer’s liability — Defective equipment
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  Case index catchwords

  HEALTH AND SAFETY — Employer’s liability — Defective equipment — Employee engaged in laying flagstones injured by defective flagstone — Whether flagstone “equipment” provided for employer's business — Employer's Liability (Defective Equipment) Act 1969, s 1(1)(a)(3)

  4 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• Harrison Bowden Ltd v Bowden

  23 Jul 1993 [1994] ICR 186, EAT

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 6.
  EMPLOYMENT — Transfer of undertaking — Unfair dismissal
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  Case index catchwords

  EMPLOYMENT — Transfer of undertaking — Unfair dismissal — Receivers dismissing workforce — No specific transferee at time of dismissal — Whether reason for dismissal connected with subsequent transfer — Employee re-engaged by transferee for short period after transfer — Whether employed at time of transfer — Whether continuity of employment preserved — Transfer of Undertakings (Protection of Employment) Regulations 1981, regs 5(1)(3), 8(1)

  1 Case considered

  1 Statutory Instrument considered