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Summary Tutorial question
- Module
- Employment law
- Institution
- The Robert Gordon University (RGU)
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Tutorial Equality1. Referring to the statutory provisions, explain the difference
between direct and indirect sex discrimination and give an
example of each from the case law.
In the case of Strathclyde Regional Council v Porcelli, Mrs porcelli was
threatened by her fellow male colleagues to give up her work which
resulted to her transferring to another location. However it was stated
that their acts amounted to a sexual discrimination under the SDA
act. This was a case of sexual discrimination as it was a conduct
carried out in relation to her sex. In SDA Act 1975 S 1a, a person
treats a woman less favourably on grounds of her sex. The definition
of direct sexual discrimination can also be found in the sex
discrimination Act.
2. Give an example of a successful justification defence fromn the
case aw
From the case law of price v Civil service commission, the issue of
dispute was the ability of woe
2. Read the case of Eweida v UK [2013] 1 WLUK 142 and discuss
the reason for the decision in each of the cases heard by the
ECJ.
In the case law, it was upheld by the court that The case
originated in four applications which were brought against the UK by
Christians who believed that they had suffered unlawful discrimination
at the hands of their respective employers on the grounds of their
religious beliefs. Each applicant argued that the state had violated
their right to freedom of religion under Article 9 of the Convention for
the Protection of Human Rights and Fundamental Freedoms (ECHR)
and/or their right to be free from discrimination in the exercise of this
freedom under Article 14 together with Article 9 ECHR. They argued
variously that the state had either failed to take action to protect
these rights or had taken actions which violated the rights. All
applicants complained that domestic law failed adequately to protect
their right to manifest their religion. In particular she claimed that the
company had indirectly discriminated against her because its uniform
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