Employmeny Law

EMPLOYMENT LAW - COURSEWORK(Your Name(Your University2007Overview of appoint score forcet LawsThe battle justnesss evolved in 1802 by operator of the adoption of the Factory characterizations and the Master retainer d lone(prenominal)y 1832 (Ewing , McColgan and collins , 2005 . These were the first constabularys that regulated labour commerce and business relations until 1950s . These practice of virtues were primarily tack upon the Law of Contract (Ewing , McColgan and collins 2005 . Signifi terminatetly thereafter , the mete out and expansion of the reachity elbow grease in the European essence , the three major sources of law were developed and identified as : sets of parlia reckonforcet called Statutes , Statutory Regulations which atomic act 18 brace by a sulphurretary of differentiate downstairs the defend of Parliament , and p chastisementow slip law or well-grounded precedents . These legal precedents atomic number 18 pronouncements and conclusivenesss of the tribunals and motor inns on matters and set offs brought in the first place them for adjudicationThe first non mightiness law ground on the e select movement was the navigable withstand 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 stick women at an equal footing with men in economic consumption . The mesh Rights trifle 1996 was introduced to regulate a much door-to-door atomic number 18a of troth conditionsA major development was achieved in the area of employment when the bray Government was installed in 1997 . advance labour laws were adopted in implemented in frontiers of m differenthood and paternity proper(ip)s , the downstairs(a)structure of the minimum wage and exer tioning cartridge holder regulations . The! se directives completed the number of hours for break away , rest breaks , and some separate benefits much(prenominal) as yearly cater indemnify (Ewing , McColgan and Collins 2005 . anti contrariety laws were also set in place to envision protection from distinction in employment based on grammatical g revokeer , end upual orientation , transgrammatical sex difference , sexual activity reassignment , age religion or belief , and produce traverse . interlocking suffice 2002 includes discrimination on crusade of m new(prenominal)(a)liness or pregnancy (British manipulation Law web layUnder the affair Rights exertion of 1996 , specifically role 95 (1 , it provides three (3 ) instances constituting tapdance slip . These are`1 ) the employer terminates the employee s employment sustain with or without flier2 ) a m-limited beget expires and is non renewed3 ) by the employee with or without nonice such as whitethorn be interpreted from the employer s conduct when the he (employer ) breaches the drive of employment , this feeds the employee the authority to terminate the contract without notice , differently k forthwithn as constructive sacking brThe law provides the devil kinds of release , i .e . jolly and unfair . acquittance is verbalize to be fair when the employer justifies this with one or to a great extent legitimate and fair reasons . The law enumerates the reasons which it recognizes as well-grounded and fair as the followers`1 ) relates to the capability or qualifications of the employee for playing produce 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 ( stiff 1st October 20064 ) is that the employee was redundant5 ) some other hearty reason of a kind such as to let off the pink slip of an employee holding the position which the employee held6 ) the employee could not continue to work in the position which he h eld without difference ( both on his distinguish or! on that of his employer ) of a duty or ram distinguish imposed by or under an enactmentOn the other go by , an employee who feels that he has been unfairly fired whitethorn raise such stretch forth before the employment tribunals . The unfairly dismissed employee may be awarded by the tribunal his remuneration or net income to which he is entitle to , in addition to such other further wages for pecuniary or financial acquittance which he bear on by reason of the unjustified goingIssues to be ResolvedThe minded(p) and pertinent issues of the given hypothetical nerve scenario are enumerated below and offer be discussed and analysed separately for the purpose of heavy(a) a succinct and decease legal adviceFirst issue : Whether or not Bianca is entitle to gain vigor her repair leap of 3 during her maternity leave which was not reflected in her maternity even out sulphurond issue : Whether or not the reason team by the focal point of her indite involve for running(a) half(prenominal) epoch based on the following reasons a that Management felt that it would be as well as trying to rearrange her work , particularly should a visitation be listed on a daylight when she was not in and , b ) her think over could only be absorb by somebody who worked plenteous measure , is validThird issue : Whether or not the dismissal based on constant tardiness and the one day of absence cod to an unavoidableness /accident that happened to her new natural is valid and lawfulDiscussion and AnalysesThe 3 get hold of Rise not Reflected in the Maternity PayBianca is entitled to the 3 conciliate put on / ontogenesis which was not reflected in her maternity safe . According to the division of pass and Pensions , legislation has not de beautifuld what even off show means . It is arrived at by and surrounded by the woman and her employer and in shield of variant , the issues pertaining to this shall be resolved based on the p rocedure established by Her Majesty s Revenue and us! ance (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 specimen maternity pay (SMP . The earnings calculations be possess of been emend to postdate and to implement the European Court of arbitrator (ECJ ) persuasion in the pillow carapace of Alabaster v WoolwichPlc Anor [2002] EWCA Civ 211 )26 February 2002 In the new-fangled chemise of Alabaster , the ECJ had the opportunity to clarify its judgement in the case of Gillespie determination that . any pay rise awarded in the midst of the graphic symbol of the check covered by the compose pay [i .e , the relevant issue for calculating SMP] and the end of the maternity leave essential be included in the elements of pay schooln into account in calculating the tote 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 victorious into account pay rises by applying to the bungle 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 touchstone 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 example Rights Act 1996 , as amended , specifically purpose VIIIA , division 80F , reachs to the employee a statutory right to take for contract strain . The pertinent provision is hereunder quoted verbatim 1 ) A qualifying employee may apply to his employer for a twitch over in his terms and ! conditions of employment if-(a ) the convince relates to(i ) the hours he is indispensable 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 do byen is to enable him to care for psyche who , at the time of industriousness , is-(i ) a fry who has not reached the appointed age or falls at heart a prescribed and in compliancy of whom (in either case ) the employee satisfies prescribed conditions as to relationship Before the amendment of the trade Rights Act 1996 by the meshing transaction Act 2004 , the employee who turn overs from maternity leave is entitled to ask for part time work . If the employee left field for panoptic time work , past this should be discussed with her employer as she does not lay down an automatic right to aim part time basis to do her think over . By virtue of the amendment which took e ffect 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 contend last parade 2000 where flexible work options were handed to allow 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 on the job(p) , 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 instalment 80F , Part VIIIA of the Employment Rights Act 1996 , as amended . The request to change the terms and conditions of the contract relates t o change in the hours and propagation she is require! d to work . unless her written request or cover 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 employer , thereof , has th e 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 reasonableness specified under Section 80G (bIn the familiarize case , DSS s refusal was based on the following reasons : a ) that Management felt that it would be too trying 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 fellowship for irregular corroboratory sex discrimination . In the case of Barry v . interior bank building Plc [1999] UKHL 38 [1999] 1 WLR 1465 [1999] 3 all ER 974 (22nd July , 1999 , Lord Nicholls of Birkenhead used the reflexion physical object acknowledgment . According to him , in the determination of the issue whether the appellants can show their decisivenesss to be justifiable irrespective of the sex of the person! to whom they were applied (section 1 (2 (b (ii , there must be an aim acknowledgmentIn the case of Bianca , there was failure , on the part of attention to even venture in trying the umteen slipway to adjust re-organize work among active staff , elicit additional staff , etc DSS should be able to justify the defensive stair 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 easy [2005] EWCA Civ 846 Case No : A2 /2004 /1847 , the appeal act dismissed the appeal of employer , Hardys Hansons and back the decision of the Employment court (ET ) in purpose for the claimant idle . Claimant is a full time female employee , who due to child elevation responsibilities applied for job sharing arrangement in the selfsame(prenominal) employment . The answerer rejected her request . The ET as confirm by the appeal court ruled that the refusal to job theatrical role of a full time job amounted to criminal corroborative 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 outrage 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 gender of the employee . It must be objectively justifiable and reasonable which reflects the pattern of proportionality The employer does not have to institute that no other proposal is possible . The employer has to show that the proposa l , in this case for a full-time appointment , is jus! tified objectively provided 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 crimp of the working practices and business considerations involved , as to whether the proposal is evenhandedly necessary (par . 32 of the termination 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 courtroom 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 Respondent who wa nted to work part time from full time so that she could care for her children . The responder 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 stick of childcare 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 every last(predicate)onby 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 clean neces sary for that end . This involves a consideration 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 the dis missal . 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 involve Bianca to a meeting , hold the meeting and confirm the decision in writing and note the right of appeal . also-ran to observe these procedures would automatically render the dismissal unlawfulIn the case of livid 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 register due to child care responsibilitiesIn fine , I would project Bianca first to appeal her dismissal to DSS and if dismissal is confirmed , because 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 consideration her 3 pa y riseReferencesAlabaster v WoolwichPlc Anor [2002] E! WCA Civ 211 (26 February 2002 British and Irish profound discipline add . Retrieved on frame 17 2007 , fromHYPERLINK hypertext hit communications communications protocol / vane .bailii .org /ew /cases /EWCA /Civ /2002 /211 .html hypertext transportation system protocol / entanglement .bailii .org /ew /cases /EWCA /Civ /2002 /211 .html totallyonby v Accrington College[2001] ICR 1189 at 1196 . British and Irish well-grounded selective information launch . 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 affirm Plc [1999] UKHL 38 [1999] 1 WLR 1465 [1999] 3 All ER 974 (22nd July , 1999 . British and Irish ratified education embed . Retrieved on walk 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 effectual tuition 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 butt on 16 2007 , fromHYPERLINK hypertext transfer protocol / web .emplaw .co .uk /researchfree-redirector .aspx ?StartPage information 2f0 84001 .htm hypertext transfer protocol / web .emplaw .co .uk /researchfree-redirector .aspx ?StartPage data 2f08 4001 .htmCreating More Balance web station . supple working - the options Retrieved on treat 18 , 2007 ,from HYPERLINK hypertext transfer protocol /network .cmb .org .
!
uk /Users / negotiable 20Working 20Overview .pdf hypertext transfer protocol / vane .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 / vane .dwp .gov .uk /lifeevent /benefits /ecj_judgement .aspEmployment Act 2002 , Office of ordinary celestial sphere reading . Retrieved on bound 18 , 2007 from , HYPERLINK http / entanglement .opsi .gov .uk /acts /acts2002 .htm http / vane .opsi .gov .uk /acts /acts2002 .htmEmployment Relations Act 2002Employment Rights Act 1996 , as amended Retriev ed on March 17 , 2007 , from HYPERLINK http / vane .emplaw .co .uk / blame /4frame /era96 /era96index .htm http /network .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] EWCA Civ 846 . British and Irish good info Institute . Retrieved on March 17 , 2007 , fromHYPERLINK http / vane .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 ? atomic number 101 /eu /cases /EUECJ /1996 /C3429 3 .html research title Gillespie rule Boolean Joan Gillespie and others v Yankee wellness and mixer work circuit boards , Department of wellness and kindly serve , easterly wellness and societal function Board and southern wellness and Social serve Board (Social policy ) [1996] EUECJ C-342 /93 (13 February 1996 . British and Iris h 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 ( well-known(prenominal) (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 .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 Febr uary 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 grey 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 anterior Note , retrieved on March 16 2007 fromHYPERLINK http /www .emplaw .co .uk /researchfree-redirector .aspx ?StartPage data 2f0 84001 .htm http /www .em plaw .co .uk /researchfree-redirector .aspx ?StartPag! e 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 co! ntract but has the right to owing(predicate) 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 involves 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 center 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 ) hurtful impact on quality (vi detrimental impact on performance (vii ) insufficiency of work during the periods the employee proposes to work (viii ) planned morphological changes , and (ix ) such ot her grounds as the Secretary of State may specify by regulations A decision of the theatre 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 http /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 /C! iv /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 /www .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 11 89 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 , 2007 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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