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Bloomsburry Family law


S Villalba v Merrill Lynch & Co

In an equal pay claim, the elimination of discrimination on grounds of sex could not require objective justification for differences in pay in circumstances where an employer had successfully rebutted a presumption of direct sex discrimination and there was no independent evidence of any kind to show that sex had any influence on the difference in pay. Such a requirement was not established by the case of Brunnhofer v Bank der Osterreichischen Postparkasse AG (C-381/99) [2001] IRLR 571.

Arthur C Redfearn v Serco Ltd (T/A West Yorkshire Transport Service)

An employee, dismissed after he was elected as a councillor for the British National Party, had not been dismissed ‘on racial grounds’ for the purpose of s 1(1)(a) of the Race Relations Act 1976, even though his employer had taken into account racial considerations. The decision in Showboat Entertainment Centre Ltd v Owens [1984] ICR 64 did not mean that an employer, who was not pursuing a policy of race discrimination, or who was pursuing a policy of anti-race discrimination, could be liable for race discrimination.