Same test for indirect discrimination under UK and EC law

Article Abstract:

The Employment Appeal Tribunal (EAT) upheld the appeal of the Staffordshire County Council in a case where a part-time woman teacher had accused the Council of sexual discrimination. The industrial tribunal, which heard the case originally, saw no violation of the Sex Discrimination Act of 1975. However, it saw a breach of Article 119 of the Treaty of Rome. The teacher cross-appealed the dismissal of the SDA violation and the Council appealed the Article 119 claim. The EAT dismissed the cross-appeal.

International relations, European Community, European Economic Community

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No compensation for unintentional indirect discrimination

Article Abstract:

An industrial tribunal may not award compensation for unintentional indirect sex discrimination, according to a 1995 UK Employment Appeals Tribunal interpretation of the Sex Discrimination Act 1975. A part-time worker dismissed for refusing to work full-time could not receive compensation. However, she might have received compensation under the Equal Treatment Directive, if she had been a public sector employee.

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Direct sex discrimination against transsexual

Article Abstract:

Prolonged harassment of a transsexual by colleagues following her coming-out constituted sex discrimination according to the British Employment Appeals Tribunal in Chessington World of Adventures Ltd. v. Reed. The reason for the treatment was, in itself, sex-based, and a male-female comparison was not required. The law violated the Sex Discrimination Act 1975.

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