Weekly Issue 19 - February 1998

Labour & European Law Review Download issue

Unreasonable behaviour not necessarily discrimination

Zafar v Glasgow City Council [1998] IRLR 36 (HL)
Unreasonable behavious by an employer is not enough, on its own, to justify an inference of less favourable treatment under the Race Relations Act 1976 say the House of Lords.

Disability and discrimination?

Although an employer may act reasonably in accordance with the Employment Rights Act in dismissing an employee, the Disability Discrimination Act imposes much stricter duties on employers. The tribunal drew a distinction between the more stringent duties imposed on the employer by the Disability Discrimination Act compared to the broader concept of reasonableness under Section 98 (4) of the Employment Rights Act.

Amending the Acquired Rights Directive

The UK commenced its Presidency of the European Union with Prime Minister Tony Blair's promise to lead in Europe. In this vein, the Government has taken on the substantial task of persuading the other European Union states to reach agreement on proposals to amend the Acquired Rights Directive: a task which has proved beyond governments and the European Commission in the past.

Liberty, equality, maternity

Mrs Heather Crees v Royal London Mutual Insurance Society Limited and Mrs Janet Greaves v Kwik Save Stores Limited, Court of Appeal Judgment - 27/2/98

Digital compensation doesn't add up

Thorny problems of calculating compensation for unfair dismissal and unlawful discrimination continues to exercise top legal brains. The Court of Appeal considered both issues separately in the Digital Equipment and MOD v Wheeler cases.