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54 Cards in this Set
- Front
- Back
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What was said in the case of Allen v Flood? |
An employer… may refuse to employ one from the most mistaken, capricious, malicious or morally reprehensible motives that can be conceived, but the workman has no right of action against him.
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How has the law evolved since then? And by what means? |
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What is the purpose of the EU Council Directive 2000/78/EC? |
EU council directive 2000/78/EC established a general framework for equal treatment in employment and occupation.
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What are the protected characteristics under s. 4 of the EA? |
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Where can direct discrimination be found? |
S. 13 EA |
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What is direct discrimination? |
‘A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.’
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What was held in the case of Burrett v West Birmingham Health Authority? |
Held that here has to be an actual real life individual to be used as a comparison.
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What happened in the case of Amnesty International v Ahmed? |
Positive discrimination. Shows that certain companies are ‘doo gooders’. The person sought constructive dismissal (employer has made a breach so bad that the employee must resign) because she wanted to be a researcher for Sudan. The woman in question was not appointed because amnesty though if she were to go to Sudan she would be in danger because of her ethnic background. She resigned. The court held that she was entirely correct and it was constructive dismissal because they had positively discriminated against her because of her ethnic background. She could have been given a desk job. This shows that even the best of intentions can count as discrimination. |
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How can direct discrimination justified? |
If there are occupational requirements such as a builder in a wheelchair. |
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What was held in Skyrail Oceanic v Coleman? |
Conscious intention for discrimination is not important. There were two individuals were engaged and worked in rival companies. There bosses were unhappy with this and sacked the woman because she wasn’t ‘the breadwinner’. There was no intention to particularly discriminate. |
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What did the case of English v Thomas Sanderson Blinds demonstrate? |
Perceptive discrimination. The man in question was subjected to “banter” because he was apparently a gay. They were making fun of him for something he was not. The court held in this case that you didn’t need to possess the protected characteristic in order to raise the claim.
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What is indirect discrimination? |
Where an individual suffers a disadvantage in comparison to others. Against their protected characteristic s19
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What happened and what was held in the case of London Underground v Edwards? |
A woman had her shift pattern changed that meant she struggled to get childcare. They did not look at Edwards they only looked at what the majority of male drivers needed. They looked at the fact that there was a significant discrimination against women.‘It would seem to me wrong to ignore entirely the striking fact here that not a single man was disadvantaged by this requirement despite the vast preponderance of men within the group. Looked at in the round, this requirement clearly bore disproportionately as between men and women, even though only one woman was affected by it.’
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What was the ratio in the case of R (E) v Governing Body of JFS?
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There must be an objective reason for indirectly discriminating. |
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What was the outcome of the case of Eweida v British Airways? |
Upheld that she should be able to wear a cross at work |
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What is harassment? |
Harassment is where there is the creation of a ‘intimidating, degrading, humiliating or offensive environment. s. 26
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What was held in the case of Lindsay v LSE? |
Held that racist language is harassment. The reason behind the language is crucial. |
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What was held in Smith v Ideal Shopping Direct Ltd? |
Homophobic language is also included
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What was held in Sheffield City Council v Norouzi? |
An instance of laughing at a foreign accent was harassment
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What was held in the case of Prospects for people with learning disabilities v Harris? |
The people involved must be looked at. In this case the person in question was suspended for failing to carry out a task however the task could not be completed by that person because of their disability.
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What was held in the case of Heafield v The Times? |
In this case a senior individual was shouting “the fuc.king pope”. The court held that the person was shouting about the story, therefore it was not harassment
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What was held in the case of Henderson v GMB? |
The person in question was referred to as “too left-wing” the court held that this was not to be considered as harassment.
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What happened in the case of Quality Solicitors CNHT v Tunstall? |
A paralegal was called Polish but very nice
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What is victimisation? |
Protects people who have brought a claim from being subject to abuse under s27
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What happened in the case of St Helens MBC v Derbyshire? |
The court held that trying to deter employees from pursuing a claim is effectively detrimental to a claim. If you threaten them with lawyers etc. If you choose to send the claimants a letter saying that you shouldn’t raise the claim that does not constitute victimisation as happened in this case. The case makes a distinction between a letter from a person and a letter from a lawyer.
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What is dual discrimination? |
Where two or more characteristics result in discrimination. This is not hard law yet. |
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Should men and woman be paid the same for the same sort of job? |
I should fuc.king hope so |
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what must be used to prove that there is unequal pay? |
Someone else, of the opposite gender, must be paid more for ‘like’ work, equivalent work or work of equal value.
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What did art. 157 of the TEFU say? |
Provides that men and women shall receive equal pay for equal work 75/117/EC put this into law
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What was held in the case of Defrenne v Sabena? |
Sabena was a Belgian airline, they required all female cabin crew to retire by age 40. This concerned the difference in retirement age between men and women. This obviously has a direct impact on income. The court held that men and women must be paid the same and that men cannot be retired before women or vice versa.
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What was held in the case of Barber v Guardian Royal Exchange? |
Held that the entire pay package has to be taken into account, not just salary.
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What happened in the case of Quinnen v Hovells? |
In this case the owner in question ran a very big small business. At Christmas the man hired two women and one man. The woman brought in the customers and the man was responsible for engraving them. The women were earning more than him for he felt discriminated against because his sex. The court held that there should have been equality of pay between the tree because the job was similar. Moreover; it held that it is possible for anybody to make a claim if they have an employment contract.
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What does s. 65 of the EA state? |
s65 of the Act holds that pay must be the same for like work, equivalent work or work of equal value
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What was the ratio of Cappper Pass v Lawton? |
Was the role itself similar. If so it is totally sufficient that he roles are broadly similar.
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What was the ratio in the case of Springboard Sunderland Trust v Robson? |
Job evaluation exercise. The grade of the job itself was of great importance.
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What happened in the case of Hayward v Cammell Laird Shipbuilders? |
Work of equal value you commission an independent expert to establish whether there are broad similarities. In order to work this out the expert may look at the terms and conditions. Because they were more favourable for the claimant the claim then failed.
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What was the ratio of British Leyland v Powell? |
The court held that the precise details of the job were different they were broadly similar. A woman driver had to drive different roads to men. They therefore had to be paid equally
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What was held in the case of South Ayrshire Council v Morton? |
If you cannot find a competitor at your workplace then you can look at other councils to see what an equivalent employee gets paid
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What was held in the case of Strathclyde v Wallace? |
You would usually have to provide a person who is doing a similar job in order to find a competitor
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What was held in the case of Skills Development Scotland v Buchanan? |
The court held that it could refer to Tupe because your colleagues were transferring. When organisation found in breach, audit should be carried out under s98, Enterprise and Regulatory Reform Act 2013
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What is a material factor? |
s.69 where there is good reason for a difference in pay.
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What was held in the case of Murray v East Lothian Council? |
It happened that the staff were not more experienced but more qualified. Held to be ok
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What was the ratio in the case of Redcar and Cleveland Borough Council v Bainbridge |
Held that a production bonus would not need to be the same for both sexes
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What was held in the case of Chief Constable of West Midlands Police v Blackburn? |
Permitted to pay individuals differently for unsocial hours for the organisation.
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What did the Employment Act 2002 bring in? |
Longer and higher paid maternity leave also paid paternity leave and flexible working requests.
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What did the Work and Families Act 2006 bring in? |
Extension of paid maternity leave
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What did the Children and Families Act 2014 bring in? |
Shared parental leave, adoption pay and flexible working for all
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How does maternity leave work? |
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Statutory maternity pay
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What act governs maternity rights? |
Paternity and Adoption Leave Regulations 2002
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What is the entitlement for paternity? |
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What is required to get paternity leave? |
Six months employment required (preceding 14 weeks of the birth)
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What are the adoption rights? |
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Whare is flexible working contained? |
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