racial groups. The main case where this issue arose was Mandla v Dowell Lee (1983) in the House of Lords. In that case, Lord Fraser set out the essential characteristics of ‘ethnic
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Chapter
14. Race discrimination
Chapter
5. Unfair dismissal—Reasonableness
a foreman made his case materially different. The employer won the case. Questions 1 Why should the fact that Mr Proctor was a foreman make his case ‘materially different’
Chapter
31. Preparing and presenting a case
against each point and any discrepancies in the evidence. When preparing the case, it is essential to think about the strengths and weaknesses of the points that both sides will be
Chapter
9. Wrongful and constructive dismissal
wrongful dismissal cases in preference to unfair dismissal cases; ● advise on the different remedies that can be ordered when a claimant wins a wrongful dismissal case; ● outline the
Chapter
11. The Equality Act 2010: key concepts
in discrimination cases and state when each is awarded; ● assess the merits of the cases put forward by the two sides in the debate about justification in cases of direct sex dis
Chapter
25. Health and safety—The civil law
special dangers faced in his case. Goggles should have been provided for him. This case is important because it places a higher duty of care on employers in the case of employees with relevant
Chapter
17. Sex-related characteristics (gender reassignment, marital status, pregnancy, sexual orientation)
unless they wish it to be. After the case of P v S , the European Court of Human Rights decided the case of Godwin v UK , a non-employment case, which led to the Gender Reassignment
Chapter
16. Sex discrimination
direct discrimination, proving detriment and less favourable treatment on a case-by-case basis. The original case on this was Porcelli v Strathclyde Regional Council (1986), where the
Chapter
6. Termination of the employment contract at common law
Ian Smith, Owen Warnock, and Gemma Mitchell
to be the ending of employment in certain untypical cases without there being in law a dismissal, (2) establishing the essential law on dismissal by the giving of notice (the usual
Chapter
6. Termination of the employment contract at common law
to be the ending of employment in certain untypical cases without there being in law a dismissal, (2) establishing the essential law on dismissal by the giving of notice (the usual
Chapter
7. Unfair dismissal
Ian Smith, Owen Warnock, and Gemma Mitchell
and giving them reasonable time in which to do so. Of course, warnings are not essential in every case, and may perhaps be irrelevant where it is clear that the employee is completely
Chapter
3. Contracts of employment (2): content and wages
Ian Smith, Owen Warnock, and Gemma Mitchell
deciding a point on constructive dismissal), Slade LJ said: [I]n cases such as the present where it is essential to imply some term into the contract of employment as to place of work
Chapter
3. Contracts of employment (2): content and wages
deciding a point on constructive dismissal), Slade LJ said: [I]n cases such as the present where it is essential to imply some term into the contract of employment as to place of work
Chapter
7. Unfair dismissal
and giving them reasonable time in which to do so. Of course, warnings are not essential in every case, and may perhaps be irrelevant where it is clear that the employee is completely
Chapter
2. Contracts of employment (1): status, formation, continuity, and change
this is just such a case. In a subsequent Court of Appeal case, Massey v Crown Life Insurance Co , 42 however, a different approach was taken. In that case a branch manager who
Chapter
2. Contracts of employment (1): status, formation, continuity, and change
Ian Smith, Owen Warnock, and Gemma Mitchell
this is just such a case. In a subsequent Court of Appeal case, Massey v Crown Life Insurance Co , 42 however, a different approach was taken. In that case a branch manager who
Chapter
19. Transfers of Undertakings
of the most significant cases: Redmond (Dr Sophie) Stichting v Bartol (Case C-29/91) [1992] IRLR 366; Rask and Christiensen v ISS Kantineservice A/S (Case C-209/91) [1993] IRLR 133;
Chapter
20. Collective Redundancies
protections were weak. Although it was not a case which was reported in the law reports or which came before a court, the details of this case circulated widely throughout Europe in 1973–74
Chapter
7. Contractual employment rights
appealed cases up through the court system. What makes it interesting, but also somewhat unpredictable, is that the common law continues to evolve all the time. Steadily, as cases come
Chapter
10. Industrial action
operation of essential public services and mortuaries, burial and cremation services. 321 On industrial action in the essential services generally, see Morris Strikes in Essential Services