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Strathclyde Regional Council V Porcelli
''Porcelli v Strathclyde Regional Council'' 986ICR 564 is a UK labour law case concerning sex discrimination. Facts Some male co-workers at Strathclyde Regional Council made sexually abusive comments to a Ms Porcelli. Employers are under a duty of care for their employees, so the law deems them to be vicariously liable for the other employees. Ms Porcelli sued the council for sexual discrimination. The council argued that really, the comments were not about sex discrimination, and although they used certain sexually charged terms, really it was just general abuse because they did not like her. Judgment Lord Emmerslie held that even though the abuse was motivated by not liking her rather than being sexist, it was still different treatment on grounds of sex (this was before a self-standing harassment provision). The sexual language was a "sexual sword", and therefore had to be included in the scope of the provisions combatting sex discrimination. See also *''Robichaud v. Canad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strathclyde Regional Council
Strathclyde ( in Gaelic, meaning "strath (valley) of the River Clyde") was one of nine former local government regions of Scotland created in 1975 by the Local Government (Scotland) Act 1973 and abolished in 1996 by the Local Government etc. (Scotland) Act 1994. The Strathclyde region had 19 districts. The region was named after the medieval Kingdom of Strathclyde but covered a broader geographic area than its namesake. Functions The area was on the west coast of Scotland and stretched from the Highlands in the north to the Southern Uplands in the south. As a local government region, its population, in excess of 2.5 million, was by far the largest of the regions and contained half of the nation's total. The Region was responsible for education (from nursery to colleges); social work; police; fire; sewage; strategic planning; roads; transport – and, therefore, employed almost 100,000 public servants (almost half were teachers, lecturers and others in the education ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vicarious Liability
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, '' respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the '' respondeat superior'' doctrine, for negligent acts or omissio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robichaud V
Robichaud is a French surname. Notable people with the surname include: *Adrian Robichaud, heavy metal bass guitarist from Toronto, Ontario, Canada *Albany Robichaud (1903–1974), Progressive Conservative party member of the Canadian House of Commons *Audrey Robichaud (born 1988), Canadian athlete *Carmel Robichaud, politician and retired teacher in New Brunswick, Canada *Edith Hacon or Robichaud (1875–1952) married Canadian soldier (William), Scottish suffragist from Dornoch, a World War One nursing volunteer, as well as an international socialite * Elvy Robichaud (born 1951), former Canadian politician * Fernand Robichaud, PC (born 1939), Canadian politician * Gary Robichaud (1962–2005), Canadian teacher and politician * Hédard Robichaud, PC, OC (1911–1999), Acadian-Canadian MP, Cabinet member, Senator and Lieutenant Governor of New Brunswick *Jean George Robichaud (1883–1969), fish merchant and political figure in New Brunswick *Jocelyn Robichaud (born 1978), former to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Employment Discrimination Law
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anti-discrimination Case Law In The United Kingdom
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Appeal Tribunal Cases
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts. Employees and employers An employee contributes labour and expertise to an endeavor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1985 In Scotland
Events from the year 1985 in Scotland. Incumbents * Secretary of State for Scotland and Keeper of the Great Seal – George Younger Law officers * Lord Advocate – Lord Cameron of Lochbroom * Solicitor General for Scotland – Peter Fraser Judiciary * Lord President of the Court of Session and Lord Justice General – Lord Emslie * Lord Justice Clerk – Lord Wheatley, then Lord Ross * Chairman of the Scottish Land Court – Lord Elliott Events * 1 June – Scottish Bus Group reorganised into new regional companies. * 6 September – the Scottish Exhibition and Conference Centre opens in Glasgow. * 10 September – Scotland national football team manager Jock Stein, 62, collapses and dies from a heart attack at the end of his team's 1–1 draw with Wales at Ninian Park, Cardiff, which secures Scotland's place in the World Cup qualification playoff. * 20 November – the Scotland national football team, managed on an interim basis by Aberdeen boss Alex Ferguson, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1985 In United Kingdom Case Law
The year 1985 was designated as the International Youth Year by the United Nations. Events January * January 1 ** The Internet's Domain Name System is created. ** Greenland withdraws from the European Economic Community as a result of a new agreement on fishing rights. * January 7 – Japan Aerospace Exploration Agency launches ''Sakigake'', Japan's first interplanetary spacecraft and the first deep space probe to be launched by any country other than the United States or the Soviet Union. * January 15 – Tancredo Neves is elected president of Brazil by the Congress, ending the 21-year military rule. * January 20 – Ronald Reagan is privately sworn in for a second term as President of the United States. * January 27 – The Economic Cooperation Organization (ECO) is formed, in Tehran. * January 28 – The charity single record "We Are the World" is recorded by USA for Africa. February * February 4 – The border between Gibraltar and Spain reopen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
