Remedies for unlawful discrimination
Article Abstract:
Victims of unlawful employment discrimination in the UK may petition an industrial tribunal which, if it upholds the complaint, must grant one or more of three available remedies. The applicable acts are the Sex Discrimination Act 1975, the Race Relations Act 1976, and the Fair Employment (Northern Ireland) Act 1976, administered by the Fair Employment Tribunal for Northern Ireland, as well as the Equal Treatment Directive. The remedies are a declaration, a recommendation to remedy the harm, and an award of compensation. For unequal pay, the only remedy available is arrears of remuneration or damages.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
No discrimination against part-timers in over-time rules
Article Abstract:
The European Court of Justice's (ECJ) ruling of absence of discrimination in a case where a part-time worker contended that there was discrimination against women because they were not paid overtime premia is problematic. The ECJ ruled based on the part-timers receiving the same overall pay as the full timers. However, this ignores the possibility of indirect discrimination. The court should have examined whether an equal number of men and women could have complied with the full time requirements. It should have also sought a justification for the requirements on a non-gender basis.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Questions on part-timers' pension rights referred to ECJ
Article Abstract:
The House of Lords decided in Preston v. Wolverhampton Healthcare NHS Trust and Fletcher v. Midland Bank, the test cases on equal pay and parity in employee benefits for part-time workers, to refer questions on limitation of actions to the European Court of Justice. The ECJ is asked to rule on whether claimants can exercise their rights under Article 119 of the Treaty of Rome without undue difficulty under these provisions.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Sex discrimination. New regulations on equal treatment in pension schemes
- Abstracts: Rising inflation casts shadow over pay talks. New Earnings Survey 1995: earnings up 3.1%
- Abstracts: States need a simple guarantee of rights. N.R.A. should not rejoice: Brady Act lives on. In DWI cases, Texas disregards constitution
- Abstracts: Coverage for sexual misdeeds? Courts have produced divergent results in deciding whether to enforce companies' policies covering sexual misconduct claims
- Abstracts: Ninth Circuit reverses itself in Albertson's. Albertson's, Inc. seeks a second rehearing. National Office indicates new approach to taxing split-dollar life insurance