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Weekly Issue 38 - September 1999

Labour & European Law Review Download issue

Hidden prejudice in victimisation

Nagarajan v London Regional Transport [1999] IRLR 572 House of Lords

Victimisation under the Race Relations Act 1976 can involve both conscious or subconscious prejudice, according to the House of Lords in the case Nagarajan v London Regional Transport and Others overturning previous case law dating back to 1989 (Aziz v Trinity Street Taxis Ltd).

Steward's enquiry result

FW Farnsworth Ltd v McCoid [1999] IRLR

In a welcome decision, the Court of Appeal finds that an employer who derecognised a shop steward took action short of dismissal against him as an individual, rather than on a collective basis. The employer's actions therefore fell within the scope of the anti-victimisation provisions contained in section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 and became entitled to legal protection.

Teacher wins injunction

Peace v City of Edinburgh Council [1999] IRLR 417

The Court of Session in Scotland has added to the list of cases where the Courts have been prepared to grant injunctions to enforce obligations in the employment contract against employers.

What is left after the relationship is over?

Coote v Granada Hospitality Ltd. (no 2) [1999] IRLR 452 EAT
Leonard v Strathclyde Buses Ltd [1998] IRLR 893 EAT

Standard claims arising out of the termination of an employees contract alleging, for example, unfair dismissal are common but what rights survive the employment contract?

No major legislation on discrimination

Government thinking on discrimination law appears in the form of their Response to the Better Regulation Task Force review. The Task Force was appointed in September 1997 to advise on improving regulation by reference to "transparency, accountability, targeting, consistency and proportionality".

Automatically unfair

Whitehouse v Blatchford & Sons [I999] IRLR 492 (CA)

A dismissal for a reason connected with a transfer of undertaking is automatically unfair unless the employer can show it was for an "economic, technical or organisational reason entailing changes in the workforce".