Case report round-up: Continuity of service preserved across college holiday
XpertHR's latest case reports cover:
- Indirect sex discrimination: Where flexible working request was refused, the pool for comparison should exclude those with no interest in flexible working In Hacking & Paterson and another v Wilson EAT/0054/09, the EAT held that, where a woman employed as a property manager claimed indirect sex discrimination following the refusal of her flexible working request on her return from maternity leave, the pool for comparison should exclude those property managers with no interest in flexible working. (Employment Review)
- Continuous service: Continuity of employment preserved across college summer vacation In Hussain v Acorn Independent College Ltd EAT/0199/10, the EAT held that a teacher had the requisite one-year period of continuous employment to bring a complaint of unfair dismissal. Continuity was preserved over the college summer vacation between his first temporary contract and a subsequent contract because his absence was on account of a "temporary cessation of work". (Employment Review)
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