Case report round-up: Whistleblowing causation test brought in line with that for discrimination

XpertHR's latest case reports cover:

Sex discrimination: Tribunal's approach to detriment and justification was flawed In Shackletons Garden Centre Ltd v Lowe EAT/0161/10, the EAT held that an employment tribunal had insufficient evidence for its finding that an employee returning from maternity leave suffered indirect sex discrimination when her employer required her to work weekend shifts on the same basis as the other sales staff. (Employment Review)
TUPE: TUPE transfer arose despite temporary cessation of business In Wood v Caledon Social Club Ltd and another EAT/0528/09, the EAT held that a TUPE transfer arose even though the business had temporarily ceased operating at the time of the transfer. (Employment Review)
Whistleblowing: Test for causation brought in line with that for discrimination In Fecitt and others v NHS Manchester EAT/0150/10, the EAT held that where an individual has made a protected disclosure and has subsequently suffered unwanted treatment amounting to a detriment, it is for the employer to prove that its actions were "in no sense whatsoever" on the ground of the protected disclosure. (Personnel Today)
Disability discrimination: "Medical diagnosis" approach to question of disability is wrong In Rayner v Turning Point and others EAT/0397/10, the EAT held that a tribunal had erred in deciding that the claimant was not disabled, and observed that a GP treating depression over a long period of time is in a very strong position to assess whether or not an individual is disabled under discrimination law. (Personnel Today)

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Case report round-up: Whistleblowing causation test brought in line with that for discrimination

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