§ Miss Joan Lestorasked the Secretary of State for Employment if, following the ruling in Clarke v. Eley (IMI) Kynoch Ltd. that making part-time workers redundant before full-time workers is discriminatory, he will take steps to make it widely known that such agreements could be unlawful; and if he will make a statement.
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§ Mr. AlisonThe decision of the employment appeal tribunal in Clarke v. Eley (IMI) Kynoch and Eley (IMI) Kynoch v. Powell does not mean that every redundancy agreement which stipulates that part-time workers are to be made redundant before full-time workers is unlawfully discriminatory. The decision affects only such agreements as have a disproportionately detrimental effect on workers of one sex. The legal standing of such agreements will depend on the facts of each individual case and particularly on whether the terms of the agreement can be justified on grounds which are not based on sex. Under the Sex Discrimination Act 1975, the Equal Opportunities Commission has general duties which include seeking to eliminate discrimination. I do not doubt that the commission will be considering what steps would be appropriate to ensure that the significance of the decision is appreciated.