Weekly Issue 58 - May 2001

Court of Appeal rules on DDA justification defence

Mr CS Jones v The Post Office
Court of Appeal [2001] IRLR 384

The law on Disability Discrimination continues to develop. A cautious note was sounded by the Court of Appeal in this recent decision.

Victory on parental leave

The TUC's legal challenge to the parental leave cut off date has been successful.

EAT rules on privacy

The EAT in England has given its first ruling on the Human Rights Act. In Wilson v de Keyser, an issue arose as to the cause of Ms Wilson's stress.

Agency workers

Patefield v Belfast City Council [2001] IRLR 664

In this important decision the Northern Ireland Court of Appeal holds that employers who replace contract workers on maternity leave may be in breach of sex discrimination legislation.

Personal pensions replaced or revamped?

The Government's proposals to arrange pension provision for all has finally come to fruition.

Who are you?

BBC v Souster [2001] IRLR 150
British Airways v Boyce [2001] IRLR 157
R v White, Times Law Report 13 March 2001

Dipping their toes into the topical and contentious debate as to what national identity means, the Scottish Court of Session in BBC v Souster conclude that the English do have separate "national origins" to the Scots. As a consequence, the Race Relations Act 1976 does apply to discrimination between the Scots and English.

A rock of mutuality and a hard place

Montgomery v Johnson Underwood Limited (9.3.01) Court of Appeal [2001] IRLR 269

Another case on what the Court of Appeal describes as "the troublesome question whether an individual was employed under a contract of employment".