Archive for the 'sex discrimination' Category

Chef wins gagging order to suppress tribunal details – Daily Telegraph

“An internationally renowned chef has won a gagging order preventing publication of a legal wrangle with two former employees.”

Full story

Daily Telegraph, 4th May 2011

Source: www.telegraph.co.uk

TUC warns against impact of employment law reforms – Law Society’s Gazette

“Government plans for reform of employment tribunals will discriminate against black and minority ethnic groups, disabled people, women, and young workers, according to the Trades Union Congress (TUC).”

Full story

Law Society’s Gazette, 19th April 2011

Source: www.lawgazette.co.uk

Male solicitor suffered sex discrimination – The Guardian

“Employers must act ‘proportionately’ when they provide women who are pregnant or on maternity leave with special treatment at work, an employment appeals tribunal has ruled.”

Full story

The Guardian, 6th April 2011

Source: www.guardian.co.uk

Ministry of Defence v Wallis and another – WLR Daily

Ministry of Defence v Wallis and another [2011] EWCA Civ 231; [2011] WLR (D) 76

“The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence in the British section of international schools in Belgium and the Netherlands.”

WLR Daily, 9th March 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

40 years since the Equal Pay Act, equality remains a dream – The Guardian

“It is four decades since the Equal Pay Act came into force, yet men still earn more than women in nearly 90% of job categories, according to analysis by the Guardian.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres – WLR Daily

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres (Case C-236/09); [2011] WLR (D) 67

“Article 5(2) of Council Directive 2004/113/EC was invalid with effect from 21 December 2012 since it permitted European Union law and consequently member states’ laws, to derogate from the principle of equal treatment of men and women, guaranteed by articles 21 and 23 of the Charter of Fundamental Rights of the European Union, without temporal limitation.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Is European court gender insurance ruling completely bonkers? – The Guardian

“Legally speaking, the judgment from the European court of justice that prohibits use of gender in underwriting premiums is unsurprising.”

Full story

The Guardian, 1st March 2011

Source: www.guardian.co.uk

Gender insurance ruling: case study – The Guardian

“Jade Sell is a young driver whose car insurance premium is set to rise as a result of today’s ECJ ruling on gender.”

Full story

The Guardian, 1st March 2011

Source: www.guardian.co.uk

Men and women will pay the same for insurance from 2012 – OUT-LAW.com

“Insurance and pensions companies must be stopped from offering different prices and premiums to men and women from December 2012, the European Court of Justice (ECJ) has ruled.”

Full story

OUT-LAW.com, 1st March 2011

Source: www.out-law.com

Insurers set for sex discrimination ruling – BBC News

“Young women could face big increases in the cost of car insurance, if insurers are told that they have to stop quoting different prices for men and women.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Male pensioners could lose out in EU sex discrimination ruling – Daily Telegraph

“Male pensioners could lose around £340 a year if the European court backs gender equality rules for insurance companies this week, experts are predicting.”

Full story

Daily Telegraph, 27th February 2011

Source: www.telegraph.co.uk

John Lewis ‘bottom slapper’ ruled to be a motherly, tactile Italian lady – Daily Telegraph

“A John Lewis shop assistant accused of inappropriately slapping a male colleague’s bottom has been cleared after a tribunal ruled that she was merely a ‘tactile’ Italian woman.”

Full story

Daily Telegraph, 9th February 2011

Source: www.telegraph.co.uk

Allen & Overy faces lawsuit over employee sacked for erotic blog – Law Society’s Gazette

“A former Allen & Overy solicitor sacked for writing an erotic blog that allegedly used the names of her co-workers and a client is claiming £3.5m compensation from the firm for unfair dismissal and sex discrimination.”

Full story

Law Society’s Gazette, 14th December 2010

Source: www.lawgazette.co.uk

Royal Navy sailor sex discrimination ruling reviewed – BBC News

“A ruling that a sailor missed out on promotion due to her gender is to be reviewed.”

Full story

BBC news, 10th December 2010

Source: www.bbc.co.uk

‘Careful with those wrinkles,’ Countryfile presenter was told – The Independent

“Former BBC presenter Miriam O’Reilly was warned ‘to be careful with those wrinkles when high definition comes in’ nine months before she was dropped from Countryfile by the BBC, a tribunal heard yesterday. Ms O’Reilly, 53, is suing the broadcaster for sex and age discrimination after losing her job when the rural affairs show was moved to a prime-time slot.”

Full story

The Independent, 5th November 2010

Source: www.independent.co.uk

Judges told: ‘be more lenient to women criminals’ – Daily Telegraph

“Female criminals are more likely to have mental health or educational difficulties and to have parenting responsibilities, while a lower proportion will have committed violent crimes than men, according to new guidelines. Judges ought to ‘bear these matters in mind’ when passing sentence, according to the Equal Treatment Bench Book, published by the Judicial Studies Board (JSB).”

Full story

Daily Telegraph, 11th September 2010

Source: www.telegraph.co.uk

Firm claims sex discrimination in legal aid tender – Law Society’s Gazette

“A London firm has claimed sex discrimination in judicial review proceedings challenging the Legal Services Commission’s refusal to award it immigration and community care contracts.”

Full  story

Law Society’s Gazette, 9th September 2010

Source: www.lawgazette.co.uk

Coalition budget faces legal challenge from Fawcett Society over claims women will bear brunt of cuts – The Guardian

“The coalition government’s emergency budget could be branded unlawful after a groundbreaking legal case was launched in the high court. Papers filed on Friday claim that Treasury officials broke the law by failing to carry out an assessment of whether the plans for heavy spending cuts would hit women hardest.”

Full story

The Guardian, 1st August 2010

Source: www.guardian.co.uk

Fox and others v North Cumbria University Hospitals NHS Trust – WLR Daily

Fox and others v North Cumbria University Hospitals NHS Trust [2010] EWCA civ 729; [2010] WLR (D) 169

“In order for there to be a stable employment relationship it was not necessary for there to be a succession of short term or intermittent contracts.”

WLR Daily, 2nd July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BA pays damages to passenger who was moved – The Independent

“A male passenger who claimed British Airways discriminated against him has received an apology and compensation from the airline.”

Full story

The Independent, 25th June 2010

Source: www.independent.co.uk

Timbrell v Secretary of State for Work and Pensions – WLR Daily

Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 701; [2010] WLR (D) 155

The Gender Recognition Act 2004 did not have retrospective effect, and since the United Kingdom had failed to implement the relevant Community law Directive within the time permitted so far as concerned acquired gender and rights to pensions, an individual could invoke the Directive as its provisions were unconditional and precise.”
WLR Daily, 23rd June 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Firearms policewoman wins record damages in sexism case – The Guardian

“A police force ordered to pay record damages for sexually discriminating against a woman firearms officer acted in a ‘high-handed, insulting and malicious way’, according to an employment tribunal judgment obtained by the Guardian.”

Full story

The Guardian, 21st June 2010

Source: www.guardian.co.uk

Policewoman awarded £275,000 over sex discrimination – The Independent

“A policewoman who endured sexist comments at work has been awarded £275,000 in damages from her former force, it emerged today.”

Full story

The Independent, 14th June 2010

Source: www.independent.co.uk

Nanny loses discrimination case against Heather Mills – BBC News

“Heather Mills’ ex-nanny has lost her unfair dismissal and sex discrimination case against her former boss.”

Full story

BBC News, 4th June 2010

Source: www.bbc.co.uk

Sex discrimination victory for man – The Independent

“A male lawyer was wrongfully sacked because bosses were worried they would be sued if they fired his female counterpart while she was on maternity leave, it emerged yesterday.”

Full story

The Independent, 19th May 2010

Source: www.independent.co.uk

Reading transsexual to wait for NHS breast op ruling – BBC News

“A transsexual who started a High Court battle for the legal right to NHS funding for breast augmentation surgery will have to wait for a judgement.”

Full story

BBC News, 13th May 2010

Source: www.bbc.co.uk

Eversheds to fight employment tribunal bias ruling – Law Society’s Gazette

“National firm Eversheds last week lodged an appeal against an Employment Tribunal ruling that it must pay £123,300 in compensation to a male associate who suffered sexual discrimination during the firm’s 2009 redundancy programme.”

Full story

Law Society’s Gazette, 13th May 2010

Source: www.lawgazette.co.uk

Lady Greenfield and Royal Institution settle sex discrimination case – The Guardian

“Lady Greenfield has dropped a sex discrimination case against the Royal Institution in an undisclosed out-of-court settlement.”

Full story

The Guardian, 28th April 2010

Source: www.guardian.co.uk

City lawyer ‘sacked for writing online erotic novel’ sues for £3.5m – Daily Telegraph

“A senior lawyer, Deidre Clark, sacked from a leading city firm after she wrote a sexually explicit online novel is suing her former employers for £3.5 million.”

Full story

Daily Telegraph, 26th April 2010

Source: www.telegraph.co.uk

Firefighter who slept with boss wins payout – Daily Telegraph

“A woman firefighter who resorted to sleeping with her boss in a vain attempt to end a campaign of harassment against has received a payout from her former employers.”

Full story

Daily Telegraph, 23rd April 2010

Source: www.telegraph.co.uk

Female solider awarded £17,000 by employment tribunal – The Guardian

“A single-mother soldier who won a claim of race and sex discrimination against the Ministry of Defence was awarded £17,016 by an employment tribunal today.”

Full story

The Guardian, 16th April 2010

Source: www.guardian.co.uk

City workers shouldn’t take offence at sexist comments, tribunal rules – Daily Telegraph

“Female bankers should not take offence when confronted with sexist remarks in the workplace, a tribunal has ruled.”

Full story

Daily Telegraph, 15th April 2010

Source: www.telegraph.co.uk

Female soldier wins discrimination claim against army – The Guardian

“A soldier disciplined by the army after missing a parade to look after her daughter is set to receive damages after winning an employment tribunal claim, it was reported today.”

Full story

The Guardian, 13th April 2010

Source: www.guardian.co.uk

Gibson and others v Sheffield City Council – WLR daily

Gibson and others v Sheffield City Council [2010] EWCA Civ 63; [2010] WLR (D) 47

“In an equal pay claim, it was open to an employer to avoid the need for objective justification of a pay disparity if he could show that, even if the pay practice had an adverse impact on women, that practice was not tainted by sex discrimination under s 1(3) of the Equal Pay Act 1970, so that the obligation to justify the disparity objectively did not arise. However, the application of that proposition was limited and merely because there was an explanation for the difference in pay which was not directly discriminatory did not necessarily mean that the pay practice was not tainted by sex.”

WLR Daily, 23rd February 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Former soldier wins reduced award in harassment case – The Guardian

“A former soldier who turned down a pre-trial £60,000 offer said she was not disappointed with the outcome after being awarded less than £7,000 yesterday for harassment by male colleagues.”

Full story

The Guardian, 19th February 2010

Source: www.guardian.co.uk

Equality watchdog faces multiple sexism accusations – The Guardian

“The government’s equalities watchdog, set up to promote human rights and tackle discrimination, has been the ­subject of 15 employment tribunals in which it has been accused of ­sexism, racism and ­discriminating against pregnant women, according to the latest figures.”

Full story

The Guardian, 12th February 2010

Source: www.guardian.co.uk

Paying more to gardeners than cleaners is ‘sexist’, Appeal court rules – Daily Telegraph

“The Appeal Court decided that inequality between the pay of mainly female carers working for Sheffield City Council and their predominantly male colleagues doing equivalent jobs, like gardening and rubbish collection, was ‘tainted by sex’.”

Full story

Daily Telegraph, 10th February 2010

Source: www.telegraph.co.uk

Sailor suffered sex discrimination at Hampshire base – BBC News

“A female sailor awarded the MBE could receive a six-figure payout after winning a sex discrimination case against the Royal Navy.”

Full story

BBC News, 3rd February 2010

Source: www.bbc.co.uk

Ordering police trainee to cut his hair was not sex discrimination, tribunal rules – OUT-LAW.com

“A trainee police officer who was forced to cut his shoulder-length hair has failed in his claim that the order constituted sex discrimination. An Employment Appeal Tribunal (EAT) said that the police force’s dress code was fair.”

Full story

OUT-LAW.com, 5th January 2010

Source: www.out-law.com

Prison psychologist ‘found dismembered Barbie dolls by her car’ – Daily Telegraph

“A prison psychologist found dismembered Barbie dolls lying next to her car as part of a campaign of intimidation to drive her out of her job, a tribunal has heard.”

Full story

Daily Telegraph, 8th December 2009

Source: www.telegraph.co.uk

City workers ‘driven out of Nomura for not being male or Japanese’ – The Times

“Two City workers who are each suing a Japanese investment bank for £1.5 million say they were driven from their jobs because they were not male and not Japanese.”

Full story

The Times, 4th November 2009

Source: www.timesonline.co.uk

Wilson v Health and Safety Executive (Equality and Human Rights Commission intervening) – WLR Daily

Wilson v Health and Safety Executive (Equality and Human Rights Commission intervening) [2009] EWCA Civ 1074; [2009] WLR (D) 300

“An employer could be required, in proceedings in which an equal pay claim was brought, to provide objective justification for his use of a length of service criterion as well as its adoption in the first place.”

WLR Daily, 19th October 2009

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Service related pay schemes at work could be unlawful – Daily Telegraph

“Companies that pay staff more for long service could be forced to scrap schemes after a landmark ruling that they might discriminate against women.”

Full story

Daily Telegraph, 20th October 2009

Source: www.telegraph.co.uk

Are women paying for sexism laws? – BBC News

“Old style sexism has ‘died a death’ in the city – so says the deputy chairman of fund management firm JO Hambro.”

Full story

BBC News, 18th October 2009

Source: www.bbc.co.uk

Transsexual in court appeal for breast enlargement – Daily Telegraph

“A transsexual refused breast enlargement surgery on the NHS is to take her case to the High Court, at a cost of tens of thousands of pounds to the hospital’s budget.”

Full story

Daily Telegraph, 8th October 2009

Source: www.telegraph.co.uk

Scholar denies that Islamic divorce procedure is biased against women – The Times

“Opponents of Sharia have long complained that it involves an inherent bias against women and treats them as second-rate citizens.”

Full story

The Times, 21st July 2009

Source: www.timesonline.co.uk

Gutridge and others v Sodexo Ltd and another – WLR Daily

Gutridge and others v Sodexo Ltd and another [2009] EWCA Civ 729; [2009] WLR (D) 246

WLR Daily, 17th July 2009

“An employee whose employment contract had been transferred under contracting-out arrangements to another employer could not have any greater rights against the transferee than she had against the transferor by virtue of reg 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981. Although the right to bring proceedings under the Equal Pay Act 1970 was against the transferee, the right was, pursuant to ss 2(4) and 2ZA, time limited to six months after the termination of the employee’s employment with the transferor, which was six months after the date of the transfer.”

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Victory for lawyer in sex bias legal fight – The Independent

“A City lawyer has won the latest round in her legal battle to secure the biggest pay-out on record for sex discrimination.”

Full story

The Independent, 18th July 2009

Source: www.independent.co.uk

Hovell v Ashford & St Peter’s Hospital NHS Trust – WLR Daily

Hovell v Ashford & St Peter’s Hospital NHS Trust [2009] EWCA Civ 670; [2009] WLR (D) 237

“An independent expert report as to equal value was not always necessary before an employment tribunal could determine an equal value pay claim based on the contents of a job evaluation scheme (‘JES’). However, the fact that there was only a small difference in points awarded to a claimant and her male comparators in a JES did not of itself establish that the jobs were of equal value, and a claimant who relied on such a JES rather than an independent expert’s report risked failing to persuade the tribunal that her job was of equal value.”

WLR Daily, 10th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Pay gap points to discrimination – Law Society’s Gazette

“Women solicitors earn 29% less than their male colleagues, the Gazette can reveal this week. The Law Society’s latest salary survey showed only a slight narrowing of the pay gap between the sexes compared with the previous year’s figure of 32%.”

Full story

Law Society’s Gazette, 9th July 2009

Source: www.lawgazette.co.uk

Hartlepool Borough Council v Llewellyn and Others – Times Law Reports

Hartlepool Borough Council v Llewellyn and Others

Employment Appeal  Tribunal

“Male colleagues of female equal pay claimants were entitled to bring ‘piggyback’ claims using the female claimants as comparators and were able to recover sums equivalent to those awarded to successful comparators by way of arrears.”

The Times, 9th July 2009

Source: www.timesonline.co.uk

Equality watchdog faces discrimination lawsuit from pregnant employee – The Guardian

“The government’s equality watchdog, set up to combat all forms of prejudice at work, faces a sex discrimination lawsuit this week from a female member of its own staff.”

Full story

The Guardian, 4th July 2009

Source: www.guardian.co.uk

Hartlepool Borough Council v Llewellyn – WLR Daily

Hartlepool Borough Council v Llewellyn UKEAT/6/08; [2009] WLR (D) 216

“Male colleagues of female equal pay claimants were entitled to bring ‘piggyback’ claims using the female claimants as comparators and were able to recover sums equivalent to those awarded to the successful comparators by way of arrears. There were obvious conveniences in male contingent claims being included in the proceedings from the start. Even if technically premature in the sense of whether a cause of action had arisen, employment tribunals were empowered under s 2(1A) of the Equal Pay Act 1970 to entertain claims for declaratory relief where a dispute arose in relation to the effect of an equality clause read into a contract under s 1(1) and that would give a sufficient jurisdictional foundation for male contingent claims pending the point at which they might mature into claims for substantial relief.”

WLR Daily, 30th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Public school workers win pension fight after 10-year legal battle – The Guardian

“Dozens of low-paid women workers at a leading public school are celebrating after gaining equal pension rights following a 10-year legal battle.”

Full story

The Guardian, 8th June 2009

Source: www.guardian.co.uk

Claim against air firm dismissed – BBC News

“A tribunal has dismissed a cabin crew boss’s claim that she was forced to employ only young, slim, single women to crew private aircraft.”

Full story

BBC News, 5th June 2009

Source: www.bbc.co.uk


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