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Posted By Lilian McCartney
Hi Folks,
I've tried search and confused my self even further.
Can someone remind me of the case where a female lorry driver wasn't allowed to transport a chemical which could have adverse effects if she had been pregnant and the judgement was that in this case H&S could override sex discrimination?
It's been sooooo long since I studied this I've forgotten (I'm in a very honest mood today so I'll need to say that I always forget the names and did so even in my exams - got the fact right though)
Many thanks from Lilian having a bad day
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Posted By Rob T
hi Lilian,
A bit like you I can't remember the exact case but it was to do with the transport of Carbon Tetrachloride which is a known mutagen. The judgement was that irrespective of her intentions whether to have a baby or not (I think she was a lesbian funnily enough), she was at an age that meant she could produce offspring and the risks to a baby outweighed the Sex discrimination legislation.
I think if you put some of that into Google you'll get a result.
Cheers
Rob
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Posted By Lilian McCartney
many thanks Rob,
steroids giving me a bad day, fuzzy brain day
Lilian
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Posted By Paul Murphy
Think this is it:
Page v Freighthire Tank Haulage
Reported: [1981] 1 All E.R. 394; [1981] I.C.R. 299; [1981] I.R.L.R. 13
An Act by an employer which is otherwise discriminatory is rendered lawful if it is reasonably necessary to ensure compliance with health and safety regulations. P, a 23-year-old woman, was employed as an HGV driver. In that capacity she was required to drive loads of a chemical (DMF) which the manufacturers warned was potentially dangerous to women of childbearing age. The employers then refused to allow P to drive the chemical. P complained of discrimination to the tribunal. The tribunal held that discrimination for safety reasons was not unlawful. On appeal, held, dismissing the appeal, that though safety reasons did not per se constitute an exception to the Sex Discrimination Act 1975 precautions taken to comply with the Health and Safety at Work Act 1974 s.2 rendered such discrimination lawful. (Ministry of Defence v Jeremiah [1980] Q.B. 87 and Peake v Automotive Products Ltd [1978] Q.B. 233 considered.)
How's that!
Paul
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Posted By Tony Priest
Well done Paul,
I always cringe when 'women of child bearing age' is mentioned. I checked out the Guinness book of records to find the yongest woman was 5 1/2 years old and the oldest was 67, therefore generally all working women come under this scope. Strange!
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