Results: 87

• Anya v University of Oxford

  22 Mar 2001 [2001] EWCA Civ 405; [2001] ICR 847, CA

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 91.
  DISCRIMINATION — Evidence — Onus of proof
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  Case index catchwords

  DISCRIMINATION — Evidence — Onus of proof — Two equally qualified candidates for research post — Whether panel's choice affected by racial bias — Need to look for indicators apart from selection interview — Tribunal failing to record findings on relevant issues of fact — Whether decision flawed

  2 Case(s) considered
• Connolly v Sellers Arenascene Ltd

  02 Feb 2001 [2001] EWCA Civ 184; [2001] ICR 760, CA

  Subsequent considerations : 1 positive. Subsequent citations: 3.
  EMPLOYMENT — Contract of employment — Company director
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  EMPLOYMENT — Contract of employment — Company director — Controlling shareholder having service contract with company — Whether “employee” for purpose of unfair dismissal claim — Employment Rights Act 1996, s 230(1)

  1 Case considered

  1 Words & Phrases considered

  1 Statute considered

• Jeromson v Shell Tankers (UK) Ltd (Dawson v Cherry Tree Machine Co Ltd)

  02 Feb 2001 [2001] EWCA Civ 100; [2001] ICR 1223, CA

  Subsequent citations: 6.
  FACTORY — Asbestos dust — Protection

  NEGLIGENCE — Safe system of work — Asbestos
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  Case index catchwords

  FACTORY — Asbestos dust — Protection — Employee mixing for one hour weekly asbestos flock to apply to presses — Whether process to which regulations applicable — Whether carried on “occasionally only” — Asbestos Industry Regulations 1931, reg 2

  NEGLIGENCE — Safe system of work — Asbestos — Marine engineers working in ships' engine rooms in 1950s — Danger from asbestos when disturbed — Liability of employer

  1 Case considered

  1 Words & Phrases considered

  1 Statutory Instrument considered

• Montgomery v Johnson Underwood Ltd

  09 Mar 2001 [2001] EWCA Civ 318; [2001] ICR 819, CA

  Subsequent citations: 31.
  EMPLOYMENT — Contract of employment — Agency worker
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  EMPLOYMENT — Contract of employment — Agency worker — Applicant working part-time on one long-term assignment — Assignment terminated after 2½ years — Complaint of unfair dismissal — Whether applicant “employee” of agency

  4 Case(s) considered

  1 Words & Phrases considered
• R (Broadcasting, Entertainment, Cinematographic and Theatre Union) v Secretary of State for Trade and Industry (The Queen v Secretary of State for Trade and Industry, ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union (BECTU).)

  26 Jun 2001 (Case C-173/99); EU:C:2001:356; [2001] 1 WLR 2313; [2001] ICR 1152; [2001] All ER (EC) 647, ECJ

  Subsequent considerations : 1 neutral; 1 negative. Subsequent citations: 55.
  EMPLOYMENT — Working time provisions — Paid annual leave

  EUROPEAN UNION — Social policy — Protection of the health and safety of workers
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  EMPLOYMENT — Working time provisions — Paid annual leave — Entitlement to paid annual leave conditional on minimum period of continuous employment — Whether contrary to Community law — Working Time Regulations 1998, reg 13(7) — Council Directive 93/104/EC, art 7(1)

  EUROPEAN UNION — Social policy — Protection of the health and safety of workers — Directive 93/104/EC — Entitlement to paid annual leave — Condition imposed by national legislation — Completion of a qualifying period of employment with the same employer

  1 EU Enactment considered

  1 Statutory Instrument considered
• Mahlburg v Land Mecklenburg-Vorpommern

  03 Feb 2000 (Case C-207/98); EU:C:2000:64; [2001] ICR 1032; [2001] 3 CMLR 40; [2000] ECR I-549; [2000] IRLR 276; The Times, 17 February 2000, ECJ

  Subsequent considerations : 3 neutral. Subsequent citations: 10.
  DISCRIMINATION — Sex — Employment

  EUROPEAN UNION — Equal treatment for men and women — Access to employment
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  DISCRIMINATION — Sex — Employment — Pregnancy — Vacancy for work in operating theatre for indefinite period — Pregnant woman rejected on ground of national law prohibiting employment of pregnant women in potentially dangerous work — Whether unlawful discrimination — Council Directive 76/207/EEC, art 2

  EUROPEAN UNION — Equal treatment for men and women — Access to employment — Refusal to employ a pregnant woman

  1 EU Enactment considered

• Jämställdhetsombudsmannen v Örebro Läns Landsting

  30 Mar 2000 (Case C-236/98); EU:C:2000:173; [2001] ICR 249, ECJ

  Subsequent citations: 30.
  DISCRIMINATION — Sex — Equal pay

  EUROPEAN UNION — Social policy — Male and female workers
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  Case index catchwords

  DISCRIMINATION — Sex — Equal pay — Comparison of pay — Midwives receiving lower basic monthly salary than clinical technicians — Inconvenient hours supplement paid to midwives but not technicians — Midwives working fewer weekly hours than technicians — Whether pay comparison to take account of supplement and reduced hours — EC Treaty, art 119 — Council Directive 75/117/EEC

  EUROPEAN UNION — Social policy — Male and female workers — Equal pay for work of equal value -Article 119 of the EC Treaty Articles 117 to 120 of the EC Treaty have beenreplaced by Articles 136 EC to 143 EC — Directive 75/117/EEC — Comparisonof a midwife's pay with that of a clinical technician — Taking into account asupplement and a reduction in working time for inconvenient working hours

  2 Case(s) considered

  2 EU Enactments considered
• Whitbread plc (trading as Whitbread Medway Inns) v Hall

  27 Feb 2001 [2001] EWCA Civ 268; [2001] ICR 699, CA

  Subsequent considerations : 1 positive. Subsequent citations: 7.
  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal
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  Case index catchwords

  EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal — Employee admitting misconduct — Employer's disciplinary procedure flawed — Whether “band of reasonable responses” test applicable — Employment Rights Act 1996, s 98(4)

  3 Case(s) considered

  1 Statute considered
• Lord Chancellor v Coker

  17 Jan 2001 [2001] ICR 507, EAT

  22 Nov 2001 [2001] EWCA Civ 1756; [2002] ICR 321, CA

  Subsequent considerations : 1 negative. Subsequent citations: 5.
  DISCRIMINATION — Sex — Employment
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  Case index catchwords

  DISCRIMINATION — Sex — Employment — Lord Chancellor appointing special adviser — Post not advertised and applications not sought — Whether direct discrimination — Sex Discrimination Act 1975, s 1(1)(b) — Race Relations Act 1976, s 1(1)(b)

  3 Case(s) considered

  4 Statutes considered

• Quirk v Burton Hospitals NHS Trust

  12 Jan 2001 [2001] ICR 415, EAT

  12 Feb 2002 [2002] EWCA Civ 149; [2002] ICR 602, CA

  DISCRIMINATION — Sex — Equal pay
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  Case index catchwords

  DISCRIMINATION — Sex — Equal pay — Pension scheme — Female nurses retiring at 55 entitled to pension calculated on full pensionable service — Calculation of male nurses' pensions restricted to service after May 1990 — Whether restriction discriminatory — National Health Service Pension Scheme Regulations 1995, reg R2(4) — EC Treaty, art 119

  4 Case(s) considered

  2 EU Enactments considered

  2 Statutory Instruments considered