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This article considers the extent to which EC and UK equality law are moving away from liberal notions of non-discrimination towards an approach based on substantive equality or equity, not only in the field of sex discrimination but also in respect of race and disability discrimination at a time when the EC is expanding its competence in these areas. The article begins by restating some basic concepts which feature in the forensic and legislative arguments about equality. It then seeks to answer the initial question by providing a critical analysis of recent judicial and legislative developments in three areas: (1) indirect discrimination; (2) the scope of permitted positive action in favour of disadvantaged groups; and (3) the rights of part-time workers to equal treatment with full-timers, and of workers on fixed-term contracts to equal treatment with permanent workers.

The EU Working Time Directive has so far had little impact on an ingrained culture of long-hours working in the UK. Case studies suggest that the use of individual opt-outs from the 48-hour limit on weekly working time is a principal reason for this. However, removal of the individual opt-out (currently under consideration at EU level) is unlikely to make much difference to UK practice in the absence of a wider review of working time policy. In particular, the UK's individualised system of workplace bargaining is currently ill-placed to adapt to a continental European model of working time regulation.

As migrant workers, EU-8 nationals enjoy a right to equal treatment with nationals in respect of their terms and conditions of employment. While some employers have tried to meet their legal obligations towards EU-8 nationals, others have taken advantage of these workers and have denied them their employment rights under UK law. In this paper we explore how EU-8 migrants make use of Employment Tribunals to enforce their employment rights. How many cases do they bring before Employment Tribunals, and what are they about? Are claims brought alone or with support, and if so, from whom? How are EU-8 workers treated once they are before a Tribunal and how successful are their claims? If there is evidence that EU-8 migrants are successfully bringing claims to enforce their employment rights, then fears about undercutting and exploitation of vulnerable workers are perhaps less serious than they would first appear. If they are not, then concerns about (mis)treatment are justified and prompt the further question as to how their rights could be better protected in practice, particularly given the introduction of fees for accessing Employment Tribunals.