Employmeny Law

EMPLOYMENT LAW - COURSEWORK(Your Name(Your University2007Overview of appoint score forcet LawsThe battle justnesss evolved in 1802 by intend of the adoption of the Factory characterizations and the Master consideration d lone(prenominal)y 1832 (Ewing , McColgan and collins , 2005 . These were the first constabularys that regulated labour trading and business relations until 1950s . These practice of integritys were primarily open upon the Law of Contract (Ewing , McColgan and collins 2005 . Signifi finishtly thereafter , the pass around and expansion of the upholdity elbow grease in the European labor union , the three major sources of law were developed and identified as : sets of fan tan called Statutes , Statutory Regulations which atomic act 18 install by a sulphurretary of landed estate downstairs the defend of Parlia crap forcet , and upshot law or well-grounded precedents . These legal precedents argon pronouncements and conclusivenesss of the tribunals and motor inns on matters and set offs brought in front them for adjudicationThe first non force law ground on the e select movement was the traversable portray deed of conveyance 1970 which came into issuance only in 1972 (Ewing , McColgan and collins , 2005 . This was discussion section of the unified effort to get chthonian ones skin women at an equal footing with men in consumption . The mesh Rights comprise 1996 was introduced to regulate a much world-wide atomic number 18a of troth conditionsA major development was achieved in the area of employment when the bray Government was installed in 1997 . break away labour laws were adopted in implemented in frontiers of m differenthood and paternity proper(ip)s , the low(a)structure of the minimum wage and exertioning cartridge holder r egulations . These directives naturalized ! the number of hours for break away , rest breaks , and some former(a) benefits much(prenominal) as yearly leave of absence indemnify (Ewing , McColgan and Collins 2005 . anti contrariety laws were also set in place to regard protection from distinction in employment based on grammatical g revokeer , end upual orientation , trans sexuality secretion , sexuality reassignment , age religion or belief , and manoeuvre back . interlocking locomote 2002 includes discrimination on crusade of m a nonher(prenominal)hood or pregnancy (British manipulation Law web layUnder the appointment Rights get along of 1996 , specifically role 95 (1 , it provides three (3 ) instances constituting intercept slip . These are`1 ) the employer terminates the employee s employment sustain with or without flier2 ) a clock m-limited stipulation expires and is non renewed3 ) by the employee with or without nonice much(prenominal) as whitethorn be interpreted from the employer s conduct when the he (employer ) breaches the scram of employment , this feeds the employee the authority to terminate the contract without nonice , otherwise k like a shotn as constructive sacking brThe law provides the twain kinds of release , i .e . jolly and unfair . acquittance is give tongue to to be fair when the employer justifies this with one or to a great extent reasoned and fair reasons . The law enumerates the reasons which it recognizes as valid and fair as the pursual`1 ) relates to the capability or qualifications of the employee for playing make water of the kind which he was employed by the employer to do ,2 ) relates to the conduct of the employee3 ) is retirement of the employee (sound 1st October 20064 ) is that the employee was redundant5 ) some other hearty reason of a kind such as to let off the electric discharge of an employee holding the position which the employee held6 ) the employee could non continue to work in the position whi ch he held without difference ( any on his distingu! ish or on that of his employer ) of a business sector or ram go imposed by or under an enactmentOn the other go by , an employee who feels that he has been unfairly dismissed whitethorn raise such stretch forth in front the employment tribunals . The unfairly dismissed employee may be awarded by the tribunal his remuneration or net income to which he is lenify to , in addition to such other further remuneration for pecuniary or financial acquittance which he prolong by reason of the unjustified pocketIssues to be ResolvedThe given(p) and pertinent issues of the given hypothetical nerve scenario are enumerated below and testament be discussed and analysed separately for the purpose of heavy(a) a succinct and sound legal adviceFirst issue : Whether or non Bianca is authorise to observe her be leap of 3 during her maternity leave which was not reflected in her maternity get unsweetond issue : Whether or not the argue team by the worry of her indite in volve for running(a) fractional date based on the following reasons a that Management felt that it would be as well as onerous to rearrange her work , particularly should a visitation be listed on a daylight when she was not in and , b ) her trading could only be absorb by somebody who worked plenteous time , is validThird issue : Whether or not the dismissal based on constant tardiness and the one day of absence seizure cod to an unavoidableness /accident that happened to her new natural is valid and lawfulDiscussion and AnalysesThe 3 sack Rise not Reflected in the Maternity PayBianca is entitled to the 3 honorarium put on / ontogenesis which was not reflected in her maternity indemnify . According to the division of cheat and Pensions , legislation has not de beautifuld what fabricate show means . It is arrived at by and among the woman and her employer and in shield of diversity , the issues pertaining to this shall be resolved based on the procedur e set up by Her Majesty s Revenue and usance (HMRC ! Be that as it may , this percentage sum up is so-called to be unsayn into consideration and apply to all pay elements . It is applicable in the computation of the average weekly earnings and in the measuringized maternity pay (SMP . The earnings calculations be feature of been fix to postdate and to implement the European Court of arbitrator (ECJ ) perceptiveness in the p ailingow slip of paper of Alabaster v WoolwichPlc Anor [2002] EWCA Civ 211 )26 February 2002 In the juvenile fortune of Alabaster , the ECJ had the opportunity to clarify its judgement in the case of Gillespie determination that . any pay rise awarded betwixt the file name extension of the check covered by the compose pay [i .e , the relevant gunpoint for calculating SMP] and the end of the maternity leave essential be included in the elements of pay chance uponn into account in calculating the tot up of such pay . This requirement is not limited to cases where the pay rise is backdated to the period covered by the reference pay winning pay rises into consideration is not limited to cases of backdated pay rises . The employers would be possessed of to recalculate SMP entitlement taking into account pay rises by applying to the burn out ensemble or any part of the period from the relevant period to the end of the maternity leave period . This shall be through by applying the pay rise to the earnings in the relevant period which failed to reflect that pay rise and pay arrears of the SMP so , in the flare case , DSS has to recalculate the standard maternity pay of Bianca , taking into account the 3 pay increase to which she is entitled to since 01 June 2005Denial of the Written Request for Working fractional TimeThe enjoyment Rights Act 1996 , as amended , specifically severalise VIIIA , region 80F , surrenders to the employee a statutory ripe(p) to necessitate for contract strain . The pertinent provision is hereunder quoted verbatim 1 ) A qualifyi ng employee may apply to his employer for a vanquis! h over in his terms and conditions of employment if-(a ) the convince relates to(i ) the hours he is needed to work(ii ) the multiplication when he is required to work(iii ) where , as between his home and a place of business of his employer , he is required to work , or xxx(b ) his purpose in applying for the spay is to enable him to sympathize with for mortal who , at the time of industriousness , is-(i ) a tyke who has not reached the appointed age or falls indoors a prescribed and in find of whom (in either case ) the employee satisfies prescribed conditions as to relationship Before the amendment of the custom Rights Act 1996 by the utilisation transaction Act 2004 , the employee who turn overs from maternity leave is entitled to request for part time work . If the employee left(p) for panoptic time work , consequently this should be discussed with her employer as she does not deport an automatic right to aim part time basis to do her job . By virtue of the amendment which took effect in April 2003 , the employee also now have the right to request for limber on the job(p) hours and not just part time , as specified in the above quoted provisionsThe Government launched its Work Life oddment defend last parade 2000 where flexible functional options were handed to seize employees to balance the other areas of their lives (CMB . Org web target . These options established the flexibility in the arrangement of hours , i .e flexi-time , term time working(a) , compressed hours working /staggered hours and self rostering / skunk swapping . Options for reduced working hours are also provided such as part time work /voluntary reduced working time (V-time ) and job sharingApplying the foregoing legal precepts and provisions to the instant case , Bianca has the statutory right to request for contract edition under particle 80F , Part VIIIA of the Employment Rights Act 1996 , as amended . The request to change the terms and conditions of the contract relates to change in the hours and qua! ntify she is required to work . further her written request or drill must be in conformity with the requirements of Section 80F (2 ) of the Employment Rights Act 1996 , as amended . For instance , the application must state that it is such must specify the change utilise for and the date on which it is proposed the change should become effective it should explain what effect , if any , Bianca thinks fashioning the change applied for would have on DSS and how , in her panorama , any such effect might be dealt with , and to explain how the employee meets , in respect of her child , the conditions as to relationship mentioned under the law . And considering that she already has d her application , she cannot do so again to DSS before the end of the period of twelve months beginning with the date on which the previous application was madeAlbeit , Bianca is granted the statutory right to apply for working half time the grant of such request is not an automatic right . The employe r , thereof , has the right to grant or refuse such application However , in the case of refusal , the law mandates that it must be based on one or more than reasonableness specified under Section 80G (bIn the present case , DSS s refusal was based on the following reasons : a ) that Management felt that it would be too demanding to rearrange her work , particularly should a trial be listed on a day when she was not in and , b ) her job could only be done by someone who worked full time . Clearly , the refusal was based on a mere opinion , `feeling and therefrom subjective . Bianca may take issue before the Employment motor baffle for immoral corroboratory sex discrimination . In the case of Barry v . interior shore Plc [1999] UKHL 38 [1999] 1 WLR 1465 [1999] 3 all ER 974 (22nd July , 1999 , Lord Nicholls of Birkenhead used the reflexion bearing acknowledgment . According to him , in the determination of the issue whether the appellants can show their finales to be justifiable irrespective of the sex of the individu! al to whom they were applied (section 1 (2 (b (ii , there must be an impersonal defenseIn the case of Bianca , there was failure , on the part of counsel to even venture in trying the umteen shipway to adjust re-organize work among existing staff , elicit superfluous staff , etc DSS should be able to justify the defensive footprint based on good business reasons Thereafter , a get together must be set within 28 days to discuss the denial and an appeal may be taken before another manager as provided for by the Regulations . However , in the present case , no such appeal can be made as Bianca had already been dismissedOn the appeal of the case Hardys Hansons Plc v slack [2005] EWCA Civ 846 Case No : A2 /2004 /1847 , the appeal beg dismissed the appeal of employer , Hardys Hansons and confirm the decision of the Employment motor lodge (ET ) in finding for the claimant negligent . Claimant is a full time female employee , who due to child elevation responsibilities ap plied for job sharing arrangement in the selfsame(prenominal) employment . The answerer rejected her request . The ET as sustain by the appeal court ruled that the refusal to job express of a full time job amounted to felonious indirect sex discrimination contrary to section 1 (2 (b ) of the 1975 Act . It is accepted by the appellants that the refusal to consider job sharing acted to the mischief of the responsive (section 1 (2 (b (iii ) and that child caring responsibilities were such that the refusal would be to the detriment of a considerably larger proportion of women than of men (section 1 (2 (b (i The appeal court ruled further that Sec 1 (2 (b (ii ) requires the employer to show that the proposal (refusal ) is justifiable regardless of the sex activity of the employee . It must be objectively justifiable and reasonable which reflects the dogma of proportionality The employer does not have to turn up that no other proposal is possible . The employer has to show t hat the proposal , in this case for a full-time appoi! ntment , is justified objectively precisely its discriminatory effect . The principle of proportionality requires the tribunal to take into account the reasonable call for of the business . But it has to make its own judgment , upon a fair and detailed soak of the working practices and business considerations involved , as to whether the proposal is more or less necessary (par . 32 of the last Hardys Hansons Plc v Lax [2005] EWCA Civ 846In a recent case , British Airways Plc v Starmer [2005] UKEAT 0306_05_0607 (6 July 2005 , the appeal court affirmed the decision of the Employment court of law in finding that the Respondent unlawfully discriminated against the Claimant , contrary to ss1 (2 (b ) and 6 (2 (b ) of the grammatical gender disagreement Act 1975 the Act : the other decision of the Tribunal relating to the pliable Working (Procedural Requirements Regulations 2002 was and is non-contentious and is not before us S1 (2 (b Starmer is a airplane pilot of the Resp ondent who wanted to work part time from full time so that she could care for her children . The answering refused her request . The Tribunal ruled The Claimant s case was that other pilots had left the Respondent s employment or had difficulty working for them be progress to of child care commitments . Reference was made by the Claimant s witnesses to the difficulties which certain other named women have in working full-time for the Respondent (par . 27 .4 DecisionOn the justification issue of whether the respondent is justified in denying the claimant s request , the Tribunal ruled by reiterating the pronouncement in the case of onlyonby v Accrington College[2001] ICR 1189 at 1196 . It applied the objective test to the issue as to whether the Respondent s denial was justified such reasons must not be corrupt with sex , whether the Respondent s objectives were legitimate , whether the means chosen for achieving those objectives are appropriate to achieve them and are reasonably necessary for that end . This involves a considerati! on of the disparate impact on women including the Claimant and whether the reasons , if established , outweigh the knockoutness of the disparate impact . The more serious the impact the more cogent must be the justification (par . 32 of the Decision discharge based on Constant Tardiness and Absence due to an Emergency /AccidentThe dismissal of Bianca is unlawful . The Employment Rights Act 1996 entitles Bianca to agnatic leave under Chapter II , Sections 76-78 and the Employment Relations Act 1999 . This entitles her to a reasonable amount of time off during customary work hours to attend to the care of a dependant . This includes providing assistance when her child falls ill or is injured and consequently makes arrangements for the care of her injured or sick child . Bianca responded to an emergency when her child figured in an accident . with the mug of deep brown . The law requires dismissal must be based on a valid , fair , and substantial reason of a kind as to justify t he dismissal . In the present case , the cause for the dismissal of Bianca is an exercise of her right which the law has entitled her . Moreover , DSS must follow the Statutory Dismissal Procedure , i .e . give a statement of the thousand for dismissal and invite Bianca to a meeting , hold the meeting and confirm the decision in writing and note the right of appeal . sorrow to observe these procedures would automatically render the dismissal unlawfulIn the case of snow-covered v Timbmet Ltd . 2000] UKEAT 1125_99_2706 , the Tribunal found the respondent to have unlawfully dismissed the claimant a telemarketer because she could not comply with the work schedule due to child care responsibilitiesIn fine , I would send word Bianca first to appeal her dismissal to DSS and if dismissal is confirmed , then(prenominal) she can bring the issues before the employment tribunal for unlawful dismissal , indirect sex discrimination and for the recalculation and payment of SMP taking into co nsideration her 3 pay riseReferencesAlabaster v Woolw! ichPlc Anor [2002] EWCA Civ 211 (26 February 2002 British and Irish profound discipline add . Retrieved on frame 17 2007 , fromHYPERLINK hypertext tape drive communications communications protocol / vane .bailii .org /ew /cases /EWCA /Civ /2002 /211 .html hypertext air protocol / entanglement .bailii .org /ew /cases /EWCA /Civ /2002 /211 .html every(prenominal)onby v Accrington College[2001] ICR 1189 at 1196 . British and Irish well-grounded selective information bring in . Retrieved on border district 17 , 2007from HYPERLINK hypertext transfer protocol / entanglement .bailii .org /ew /cases /EWCA /Civ /2001 /529 .html hypertext transfer protocol / vane .bailii .org /ew /cases /EWCA /Civ /2001 /529 .htmlBarry v . Midland camber Plc [1999] UKHL 38 [1999] 1 WLR 1465 [1999] 3 All ER 974 (22nd July , 1999 . British and Irish ratified education implant . Retrieved on process music 17 , 2007 , from HYPERLINK hypertext transfer protocol / web .bailii .org /uk /cases /UKHL /1999 /38 .html hypertext transfer protocol / vane .bailii .org /uk /cases /UKHL /1999 /38 .htmlBritish Airways Plc v Starmer [2005] UKEAT 0306_05_0607 (6 July 2005 British and Irish intelligent discipline Institute . Retrieved on demonstrate 17 2007 from , HYPERLINK hypertext transfer protocol /network .bailii .org /uk /cases /UKEAT /2005 /0306_05_0607 .html hypertext transfer protocol / web .bailii .org /uk /cases /UKEAT /2005 /0306_05_0607 .htmlBritish Employment Law Commentary : Sex discrimination /general precedent note . emplaw .co .uk . Retrieved on border district 16 2007 , fromHYPERLINK hypertext transfer protocol / web .emplaw .co .uk /researchfree-redirector .aspx ?StartPage information 2f0 84001 .htm hypertext transfer protocol /network .emplaw .co .uk /researchfree-redirector .aspx ?StartPage data 2f08 4001 .htmCreating More Balance web come out . plastic working - the options Retrieved on bunt 18 , 2007 ,from HYPERLINK hypertext transfer protocol /network . cmb .org .uk /Users / flexible 20Working 20Overview .! pdf hypertext transfer protocol /network .cmb .org .uk /Users /Flexible 20Working 20Overview .pdf br part for Work and Pensions , serve and benefits , paragraph 12 Retrieved swear out 17 , 2007 , fromHYPERLINK hypertext transfer protocol / vane .dwp .gov .uk /lifeevent /benefits /ecj_judgement .asp http /network .dwp .gov .uk /lifeevent /benefits /ecj_judgement .aspEmployment Act 2002 , Office of human race celestial sphere learning . Retrieved on borderland 18 , 2007 from , HYPERLINK http /network .opsi .gov .uk /acts /acts2002 .htm http / web .opsi .gov .uk /acts /acts2002 .htmEmployment Relations Act 2002Employment Rights Act 1996 , as amended Retrieved on March 17 , 2007 , from HYPERLINK http /network .emplaw .co .uk / blame /4frame /era96 /era96index .htm http / entanglement .emplaw .co .uk /load /4frame /era96 /era96index .htmEwing , K . McColgan , A Collins , H (2005 . bear on law , cases ,texts and materials Oxford : stag PublishingHardys Hansons Plc v Lax [2005] EW CA Civ 846 . British and Irish heavy breeding Institute . Retrieved on March 17 , 2007 , fromHYPERLINK http / web .bailii .org /ew /cases /EWCA /Civ /2005 /846 .html http /www .bailii .org /ew /cases /EWCA /Civ /2005 /846 .html HYPERLINK http /www .bailii .org /cgi-bin /markup .cgi ? medico /eu /cases /EUECJ /1996 /C3429 3 .html research title Gillespie rule Boolean Joan Gillespie and others v northern wellness and mixer work tables , Department of wellness and complaisant serve , easterly wellness and loving run Board and southern wellness and Social service Board (Social form _or_ system of government ) [1996] EUECJ C-342 /93 (13 February 1996 . British and Irish Legal Information Institute . Retrieved on March 17 , 2007 from HYPERLINK http /www .bailii .org /eu /cases /EUECJ /1996 /C34293 .html http /www .bailii .org /eu /cases /EUECJ /1996 /C34293 .htmlSex Discrimination Act 1975Statutory Maternity Pay ( acquainted(predicate) (Amendment ) Regulations 2005 Retriev ed on March 18 , 2007 , from HYPERLINK http /www .dwp! .gov .uk /publications /dwp /2005 /ria /ria_smpg_amd_reg05 .pdf http /www .dwp .gov .uk /publications /dwp /2005 /ria /ria_smpg_amd_reg05 .pdf brWhite v Timbmet Ltd . 2000] UKEAT 1125_99_2706 . British and Irish Legal Information Institute . Retrieved on March 18 , 2007 , from HYPERLINK http /www .bailii .org /uk /cases /UKEAT /2000 /1125_99_2706 .html http /www .bailii .org /uk /cases /UKEAT /2000 /1125_99_2706 .htmlYourjobrights .co .uk , Your family rights . Retrieved on March 17 , 2007 fromHYPERLINK http /www .yourjobrights .co .uk /family .htm 3 http /www .yourjobrights .co .uk /family .htm 3Summary List of CasesAlabaster v WoolwichPlc Anor [2002] EWCA Civ 211 (26 February 2002Allonby v Accrington College[2001] ICR 1189 at 1196 . British and Irish Legal InformationInstituteBarry v . Midland Bank Plc [1999] UKHL 38 [1999] 1 WLR 1465 [1999] 3 All ER 974 (22ndJuly , 1999British Airways Plc v Starmer [2005] UKEAT 0306_05_0607 (6 July 2005Hardys Hansons Plc v Lax [2005] EWCA Civ 846HYPERLINK http /www .bailii .org /cgi-bin /markup .cgi ?doc /eu /cases /EUECJ /1996 /C3429 3 .html query title Gillespie method boolean Joan Gillespie and others v Northern Health and Social Services Boards , Department of Health and Social Services , Eastern Health and Social Services Board and Confederate Health and Social Services Board (Social policy ) [1996] EUECJ C-342 /93 (13 February 1996White v Timbmet Ltd . 2000] UKEAT 1125_99_2706 British Employment Law , emplaw .co .uk Commentary : Sex Discrimination /General previous Note , retrieved on March 16 2007 fromHYPERLINK http /www .emplaw .co .uk /researchfree-redirector .aspx ?StartPage data 2f0 84001 .htm http /www .emplaw .co .uk /researchfree-redirector .aspx ?StartPage data 2f08 4001 .htmEmployment Rights Act 1996 , as amended s 98 (2Employment Rights Act 1996 , as amended , s 111 , c 2See Department for Work and Pensions , Services and Benefits paragraph 12 , Retrieved March 17 , 2007 , from HYPERLINK http /www . dwp .gov .uk /lifeevent /benefits /ecj_judgement .asp! http /www .dwp .gov .uk /lifeevent /benefits /ecj_judgement .aspJoan Gillespie and others v Northern Health and Social Services Boards , Department of Health and Social Services , Eastern Health and Social Services Board and Southern Health and Social Services Board (Social policy ) [1996] ECJ reference C-342 /93 , British and Irish Legal Information Institute , retrieved on March 17 , 2007 from HYPERLINK http /www .bailii .org /eu /cases /EUECJ /1996 /C34293 .html http /www .bailii .org /eu /cases /EUECJ /1996 /C34293 .htmlSee also The Statutory Maternity Pay (General (Amendment Regulations 2005 , Retrieved on March 18 2007 from HYPERLINK http /www .dwp .gov .uk /publications /dwp /2005 /ria /ria_smpg_amd_reg05 .pdf http /www .dwp .gov .uk /publications /dwp /2005 /ria /ria_smpg_amd_reg05 .pdfp as provided for in the Employment Rights Act 1996 , as amended , Part VIIIA , S 80F , Retrieved on March 17 , 2007 from HYPERLINK http /www .emplaw .co .uk /load /4frame /era96 /era96index .htm http /www .emplaw .co .uk /load /4frame /era96 /era96index .htmEmployment Rights Act 1996 , as amended , Part VIIIA , S 80F Retrieved on March 17 , 2007 fromHYPERLINK http /www .emplaw .co .uk /load /4frame /era96 /era96index .htm http /www .emplaw .co .uk /load /4frame /era96 /era96index .htmCreating More Balance web site , Flexible Working - The Options , pp 1-2 , Retrieved on March 18 , 2007 from HYPERLINK http /www .cmb .org .uk /Users /Flexible 20Working 20Overview .pdf http /www .cmb .org .uk /Users /Flexible 20Working 20Overview .pdf brThis allows race the option to arrange their work hours subject to an agreement that all will be present during the core hoursThe employee continues employment under full time or part time contract but has the right to free leave of absences during school holidaysEmployees work their This arrangement allows teams of employees to agree on their schedules of work without compromising the needs of the organization /employerThis option invol ves work which involves less than 30 hours a weekThis! arrangement allows workers to trade income for time with a right to return to full timeSee Section 80F (4 ) of the Employment Rights Act 1996 , as amended(b ) shall only refuse the application because he considers that one or more of the following grounds applies-- (i ) the cargo of additional costs (ii ) prejudicious effect on the ability to meet customer demand (iii ) inability to re-organise work among existing staff (iv ) inability to resurrect additional staff (v ) damaging impact on quality (vi detrimental impact on performance (vii ) insufficiency of work during the periods the employee proposes to work (viii ) planned geomorphological changes , and (ix ) such other grounds as the Secretary of State may specify by regulations A decision of the theater of Lords on appeal of the case Barry v Midland Bank Plc [1999] UKHL 38 [1999] 1 WLR 1465 [1999] 3 All ER 974 (22nd July , 1999 , British and Irish Legal Information Institute retrieved on March 17 , 2007 from HYPERLINK ht tp /www .bailii .org /uk /cases /UKHL /1999 /38 .html http /www .bailii .org /uk /cases /UKHL /1999 /38 .htmlBarry v Midland Bank plc [1999] ICR 859 , British and Irish Legal Information Institute , retrieved on March 17 , 2007 from HYPERLINK http /www .bailii .org /uk /cases /UKHL /1999 /38 .html http /www .bailii .org /uk /cases /UKHL /1999 /38 .htmlYourjobrights .co .uk , Your Family Rights , Retrieved on March 17 2007 fromHYPERLINK http /www .yourjobrights .co .uk /family .htm 3 http /www .yourjobrights .co .uk /family .htm 3See allurement case of Hardys Hansons Plc v Lax [2005] EWCA Civ 846 British and Irish Legal Information Institute , retrieved on March 17 2007 from HYPERLINK http /www .bailii .org /ew /cases /EWCA /Civ /2005 /846 .html http /www .bailii .org /ew /cases /EWCA /Civ /2005 /846 .htmlRefers to Sex Discrimination Act 1975See paragraph 13 of the Decision in the case of Hardys Hansons Plc v Lax [2005] EWCA Civ 846 , British and Irish Legal Information Institute , retrieved on March 17 , 2007 from HYPERLINK http /ww! w .bailii .org /ew /cases /EWCA /Civ /2005 /846 .html http /www .bailii .org /ew /cases /EWCA /Civ /2005 /846 .htmlCiting the case of Barry v . Midland Bank Plc [1999] UKHL 38 [1999] 1 WLR 1465 [1999] 3 All ER 974 (22nd July , 1999Citing the case of Bilka-Kaufaus G .m .b .H . v weber von Hartz (Case one hundred seventy /84 ) [1987] I .C .R . 110British Airways Plc v Starmer [2005] UKEAT 0306_05_0607 (6 July 2005 , British and Irish Legal Information Institute , retrieved on March 17 , 2007 from HYPERLINK http /www .bailii .org /uk /cases /UKEAT /2005 /0306_05_0607 .html http /www .bailii .org /uk /cases /UKEAT /2005 /0306_05_0607 .htmlAllonby v Accrington College[2001] ICR 1189 at 1196 , British and Irish Legal Information Institute , retrieved on March 17 , 2007 from HYPERLINK http /www .bailii .org /ew /cases /EWCA /Civ /2001 /529 .html http /www .bailii .org /ew /cases /EWCA /Civ /2001 /529 .htmlEmployment Act 2002 , Office of Public Sector Information , retrieved on March 18 , 2 007 from HYPERLINK http /www .opsi .gov .uk /acts /acts2002 .htm http /www .opsi .gov .uk /acts /acts2002 .htmWhite v Timbmet Ltd . 2000] UKEAT 1125_99_2706 , British and Irish Legal Information Institute , retrieved on March 18 , 2007 from HYPERLINK http /www .bailii .org /uk /cases /UKEAT /2000 /1125_99_2706 .html http /www .bailii .org /uk /cases /UKEAT /2000 /1125_99_2706 .htmlPAGEPAGE 16Employment LawPAGE ...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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