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.

Remedies, Employment discrimination

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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.

Sex discrimination against women, Overtime

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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.

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