Equality, diversity and human rights
In Hextall v Chief Constable of Leicestershire Police and another, the Employment Appeal Tribunal (EAT) remitted to a fresh tribunal the issue of whether or not a police force's policy of giving a period of full pay to mothers on maternity leave, but paying only statutory shared parental pay to partners, is indirectly discriminatory.
In Capita Customer Management Ltd v Ali and another, the Employment Appeal Tribunal (EAT) held that the failure to pay a father shared parental pay at the same rate as an employee on maternity leave is not sex discrimination.
In Air Products plc v Cockram, the Court of Appeal held that the employment tribunal was correct to find that a rule in a long-term incentive share plan that employees whose employment terminates before they are 55 forfeit all unvested awards under the plan is justified.
In Lofty v Hamis t/a First Cafe, the Employment Appeal Tribunal (EAT) held that, when determining whether or not a condition amounts to a disability under the Equality Act 2010, there is no distinction between different cancerous conditions or different stages of cancer.
In United First Partners Research v Nicolas Carreras, the Court of Appeal held that a pattern of repeated requests that an employee work in the evenings, which created a pressure on him to agree, was capable of amounting to a "provision, criterion or practice" (PCP) under the Equality Act 2010.
In Really Easy Car Credit Ltd v Thompson, the Employment Appeal Tribunal (EAT) allowed the appeal and held that the employer was not obliged to revisit its decision to dismiss when it became aware that the employee was pregnant.
In de Souza E Souza v Primark Stores Ltd, the employment tribunal awarded £47,433 to a transgender employee who suffered harassment and recommended that the employer adopt a written policy on how to deal with new and existing staff who are transgender or who wish to undergo gender reassignment.
In Guisado v Bankia SA and others, the European Court of Justice (ECJ) held that there is nothing in EU law to prevent a pregnant worker from being included in collective redundancies.
In Hale v Brighton and Sussex University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that the decision to instigate the disciplinary procedure was not a one-off act, but the start of a state of affairs that would continue until the conclusion of the disciplinary process.
In Donelien v Liberata UK Ltd, the Court of Appeal held that the employer did not have constructive knowledge of the employee's disability and that it had done all it could "reasonably be expected to have done" to find out about the nature of the employee's health problems.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.