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25 September 2008
Issue: 7338 / Categories: Features , Employment
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Good intentions?

What next for Cardiff Women's Aid? Chris Milsom reports

While discriminatory job advertisements have long been regarded as unlawful, only the Equality and Human Rights Commission (EHRC) can bring claims against their authors or publishers; individuals are currently barred from doing so. The justification for this is that an advertisement can only ever constitute an intent to discriminate rather than an act.

It may well have been decided that an advertisement for a “black or Asian woman” information centre worker for Cardiff 's Women's Aid, placed in the Guardian on 19 August 1992, was lawful under s 38 of the Race Relations Act 1976 (RRA 1976). However, the view of the Employment Apppeal Tribunal (EAT) in Cardiff Women's Aid v Hartup [1994] IRLR 390 was that any such lawful defence was “not something for us to decide” (per Judge Levy QC at para 8). Nor did it matter whether Hartup had applied for the job or not: “We do not think that it is necessary to decide on this point in the context of the decision we have made” (para 9).

Rather, it was held that an

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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