Latest case reports added to HR & Compliance Centre
We provide a round-up of case reports added to HR & Compliance Centre this week, covering: equal pay; religion or belief discrimination; and constructive dismissal.
- Equal pay: Productivity bonus favouring men had to be justified In Gibson and others v Sheffield City Council [2010] IRLR 311 CA, the Court of Appeal confirmed that, even in cases of indirect pay discrimination, it remains open to the employer to establish that any apparent difference in treatment was not in any way tainted by sex, so that the need for objective justification of the disparate impact is not engaged. However, on the facts of the case, it was plain that the employer had not discharged that burden, so objective justification of the differential treatment was required. (Employment Review)
- Religion or belief discrimination: "Solitary disadvantage" is insufficient to establish indirect religious discrimination In Eweida v British Airways Plc [2010] IRLR 322 CA, the Court of Appeal held that a uniform policy that prevented the wearing of a visible item of adornment around the neck did not give rise to indirect discrimination against a Christian employee who wished to display a cross as a matter of personal preference, rather than as a mandatory religious requirement. (Employment Review)
- Constructive dismissal: Repudiatory breach cannot be "cured" to prevent constructive dismissal claim In Buckland v Bournemouth University Higher Education Corporation [2010] EWCA Civ 121 CA, the Court of Appeal held that the "range of reasonable responses" test has no place in a tribunal's determination of whether or not there was a repudiatory breach of contract by the employer and constructive dismissal. It also held that such a breach cannot be "cured", so as to prevent the innocent party accepting the breach. (Employment Review)
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