Clarke v Eley (IMI) Kynoch Ltd

JurisdictionUK Non-devolved
Date1982
Year1982
CourtEmployment Appeal Tribunal
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13 cases
  • Hampson v Department of Education and Science
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 2 December 1988
    ...requirement or condition be "justifiable" within section l(l)(b)(ii) of the Race Relations Act. 69In Clarke v. Eley (IMI) Kynoch Ltd. [1983] I.C.R. 165 Mr. Justice Browne-Wilkinson (as he then was), delivering the judgment of the Employment Appeal Tribunal, after stating their view that the......
  • Halfpenny v IGE Medical Systems Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 18 December 1999
    ...On the other hand, the procedure which leads to an eventual dismissal may be regarded as a detriment within section 6 ( Clarke v Eley (EMI) Kynoch Ltd [1983] ICR 165). The detriment of which the applicant complains is the failure to give her extended sick leave, but the consequence of that......
  • Commission for Racial Equality v Dutton
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 27 July 1988
    ...up at the Cat and Mutton) ? 46 A similar question was considered by the Employment Appeal Tribunal in Clarke v. Eley (IMI) Kynoch Ltd. [1983] I.C.R. 165, with regard to section 1 (1) of the Sex Discrimination Act 1975, the wording of which does not differ materially from section 1 (1) (b) o......
  • Allonby v Accrington and Rossendale College
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 25 November 2004
    ...impugn. These words are not terms of art: they are overlapping concepts and are not to be narrowly construed ( Clarke v Eley (IMI) Kynoch [1983] ICR 165, 170–1). If the applicant can realistically identify a requirement or condition capable of supporting her case, as Ms Allonby did here to ......
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4 books & journal articles
  • The Not-Mother Puzzle
    • United Kingdom
    • Social & Legal Studies No. 9-4, December 2000
    • 1 December 2000
    ...fortheir comments, suggestions and encouragement. CASES CITED Bhudi v IMI Refiners Ltd [1994] IRLR 204.Clarke v Eley (IMI) Kynoch Ltd [1983] ICR 165.EEOC v Sears, Roebuck & Co, 628, FSupp 1254, 1288 [N DIll 1986].Home Office v Holmes [1984] ICR 678.Johnson Controls 111 SCt 1196, 1203 [1991]......
  • Justifying unfair discrimination: the development of a ‘general fairness defence’ in South African (labour) law
    • South Africa
    • Acta Juridica No. , August 2019
    • 23 May 2019
    ...common cause that a substantive rather than formal notion of equality underpinsSouth Africa’s Constitution.102Clarke v Eley (IMI) Kynoch 1983 ICR 165 at 174.163JUSTIFYING UNFAIR DISCRIMINATION© Juta and Company (Pty) The reason lies in the fact that rights concepts are elastic and open-ende......
  • Part‐time Employees: Workers Whose Time has Come?
    • United Kingdom
    • Employee Relations No. 14-2, February 1992
    • 1 February 1992
    ...and Leighton, P., The Underutilisation of Women in the Labour Market, IMS Report 172, 1989. 20. Clarke and Powell v. Eley IMI Kinoch Ltd (1982) IRLR 482. 21. This is an important caveat since part-time workers are heavily concentrated in the service sector where union densities and union re......
  • NOTES OF CASES
    • United Kingdom
    • The Modern Law Review No. 46-4, July 1983
    • 1 July 1983
    ...To this extent, the United Kingdom is already in substantial compliance with its future obligations under European Community law. [1982]I.R.L.R.482,para. 15. Dotliardv. Rawlitison, 433 US. 321 (1977). Phillips v. Martin Mnrietla, 400 U.S. 542 (1971); Hiirley V. Miistoe [1981] I.C.R. 490. Se......

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