Sex Discrimination in UK Law
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James v Eastleigh Borough Council
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This is because, as I see it, cases of direct discrimination under section 1(1)( a) can be considered by asking the simple question: would the complainant have received the same treatment from the defendant but for his or her sex?
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R v Birmingham City Council, ex parte Equal Opportunities Commission
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The intention or motive of the defendant to discriminate, though it may be relevant so far as remedies are concerned (see section 66(3) of the Act of 1975), is not a necessary condition to liability; it is perfectly possible to envisage cases where the defendant had no such motive, and yet did in fact discriminate on the ground of sex.
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Humphreys v Revenue and Customs Commissioners
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It seems clear from Stec, however, that the normally strict test for justification of sex discrimination in the enjoyment of the Convention rights gives way to the "manifestly without reasonable foundation" test in the context of state benefits. The same principles were applied to the sex discrimination involved in denying widow's pensions to men in Runkee v United Kingdom [2007] 2 FCR 178, para 36.
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MacDonald v Ministry of Defence
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Viewed in the broadest terms, the Burton decision has much to commend it. In making this comparison acts of persons for whose conduct an employer is vicariously responsible are to be attributed to the employer. It is otherwise in respect of acts of third parties for whose conduct the employer is not vicariously liable.
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Nagarajan v London Regional Transport
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Save in obvious cases, answering the crucial question will call for some consideration of the mental processes of the alleged discriminator. Treatment, favourable or unfavourable, is a consequence which follows from a decision. Direct evidence of a decision to discriminate on racial grounds will seldom be forthcoming. Usually the grounds of the decision will have to be deduced, or inferred, from the surrounding circumstances.
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Madarassy v Nomura International Plc
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The bare facts of a difference in status and a difference in treatment only indicate a possibility of discrimination. They are not, without more, sufficient material from which a tribunal “could conclude” that, on the balance of probabilities, the respondent had committed an unlawful act of discrimination.
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Shamoon v Chief Constable of the Royal Ulster Constabulary
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This analysis seems to me to point to the conclusion that employment tribunals may sometimes be able to avoid arid and confusing disputes about the identification of the appropriate comparator by concentrating primarily on why the claimant was treated as she was. Was it on the proscribed ground which is the foundation of the application? That will call for an examination of all the facts of the case.
- Sex Discrimination Act 1975
- Sex Discrimination Act 1986
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Equality Act 2010
... ... reducing socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable certain employers to be required to publish information about the differences ... ...
- The Sex Discrimination Act 1975 (Amendment) Regulations 2008
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An Attribution Theory of Sex Discrimination
Sex discrimination in organisations operates at two distinct levels. On one hand, women experience difficulty entering certain occupations/organisations. This type of discrimination has been labell...
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New rights for old. Flexi‐working and sex discrimination
Employees have a statutory right to request a change to their working hours or conditions to enable them to care for children (so long as they meet certain criteria). The Sex Discrimination Act 197...
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The Sex Discrimination Act 1975 — File and Forget?
This article seeks to assess the likely impact on British managers of the 1975 UK legislation prohibiting sex discrimination, drawing on experience from the United States. It will consider the deve...
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Disparate Effects and Objective Justifications in Sex Discrimination Law
Given the difficulties involved in proving indirect sex discrimination, the practical importance of the allocation of evidential burdens and the quantum of proof required to discharge those burdens...
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Focus on indirect sex discrimination and part-time workers
The recent case of Fidessa Plc v. Lancaster looked at two key issues relating to an unfair dismissal claim: - Whether an employer had engaged in indirect sex discrimination during a role r...
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Constructive dismissal based on breach of the sex equality clause does not amount to sex discrimination
The case of BMC Software Ltd v. Shaikh UKEAT/0092/16 has held that while breach of a "sex equality clause" can constitute a constructive dismissal, this cannot then form the basis of a sex discrimi...
- Arbitration In Sex Discrimination Cases
- Sex Discrimination Law Review Final Report
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Make a claim with others to an employment tribunal
Includes the refund form for claimants.... ... employer and compensation (re-engagement) ... Compensation only ... If claiming discrimination, a recommendation (see Guidance) ... 9.2 What compensation or remedy are you seeking? ... If you are claiming financial compensation please give as ... ...
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T420)
Includes the refund form for claimants.... ... For example, a tribunal may make a declaration ... that the respondent has violated your rights or make a recommendation in a discrimination ... case that the respondent take action to reduce the likelihood of the discriminatory act ... recurring. The award will include the amount the ... ...