Labour & European Law Review
25 August 2011
A new report, published last week by the Equality and Human Rights Commission, shows that women continue to be passed over for the top jobs in Britain.
The report, Sex & Power 2011, measures the number of women in positions of power and influence across 27 occupational categories in the public and private sectors.
The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) requires employers to consult with a trade union or (if none is recognised) employee representatives in certain circumstances. In Phillips v Xtera Communications Ltd, the Employment Appeal Tribunal (EAT) said that employers do not need to hold a ballot to elect reps if the number of employee nominees matches the number of representatives needed.
Under Regulation 38 of the age discrimination legislation (now the Equality Act 2010), Tribunals can make wide recommendations as to what steps organisations should take to prevent the discrimination occurring again. In Lycee Francais Charles de Gaulle v Delambre, the Employment Appeal Tribunal (EAT) said that recommendations made by the Tribunal were appropriate to correct the discriminatory culture at the school.