Case report round-up: Failure to inform employee on maternity leave of job vacancy was not sex discrimination
XpertHR's latest case reports cover:
- Sex discrimination: Failure to notify employee on maternity leave of job vacancy was not sex discrimination In Johal v Equality and Human Rights Commission EAT/0541/09, the EAT held that the employer's failure to inform an employee on maternity leave of a job vacancy was not an act of sex discrimination. (Employment Review)
- Fixed-term employees: Tribunal erred in considering objective justification before less favourable treatment In Manchester College v Cocliff EAT/0035/10, the EAT held that an employment tribunal erred when it decided that there had been less favourable treatment on grounds of fixed-term status because it had found that any difference in terms was not objectively justifiable. Tribunals should first consider whether or not any less favourable treatment is on grounds of fixed-term status. Only if the answer is yes should they move on to consider the defence of objective justification. (Employment Review)
- Failure to consult properly on redundancy selection pool led to unfair dismissal In Fulcrum Pharma (Europe) Ltd v Bonassera and another EAT/0198/10, the EAT upheld the employment tribunal's unfair dismissal finding, based on the employer's failure to consult properly with the employee on, and to give proper consideration to, the size of the redundancy selection pool. (Personnel Today)
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