Equality, diversity and human rights
The Court of Session has held that a group of administrative and clerical female workers making equal pay claims against a local authority were on "common terms and conditions" with a group of male manual workers who were based in different locations.
The Court of Appeal has held that there could be no remedy for part-time female workers who were prevented from joining an occupational pension scheme during particular periods because they would not have chosen to join the pension scheme even if they had been eligible to do so.
A pub manager in his first supervisory role left to his own devices made a series of errors in dismissing a disabled older worker, in a case with so many mistakes by management that it could be used to train line managers on employment issues.
In a pre-hearing review, an employment judge has held that an ex-serviceman's stated belief that "we should pay our respects to those who have given their lives for us by wearing a poppy from All Souls' Day on 2 November to Remembrance Sunday" is not a philosophical belief under the Equality Act 2010.
The employer in this case got a review of its flexible working arrangements wrong by assuming that women's applications to retain their flexible working arrangements should be favoured over men's applications.
The employer in this case was found to have discriminated against a disabled worker whom it dismissed after it was revealed that she is disabled. However, the tribunal reduced the compensation to zero because the employee's uncooperative behaviour was designed to prompt her dismissal so that she could bring a tribunal claim.
The Employment Appeal Tribunal has held that the Foreign and Commonwealth Office did not discriminate against a deaf diplomat when it withdrew an offer of an assignment in Kazakhstan after an assessment showed that the cost of providing lipspeakers would have been prohibitive.
The Employment Appeal Tribunal has found that two members of a board were jointly and severally liable for unfair dismissal and religious discrimination, the compensation for which could include aggravated damages arising out of their post-employment conduct.
Claire Benson is managing associate and Caroline Jacobs and Chris McAvoy are associates at Addleshaw Goddard LLP. They round up the latest rulings.
An unfortunate situation arose for this small employer when a recruitment consultant was made redundant after she had informed it, just two weeks into her new job, that she was pregnant. She claimed sex discrimination and unfair dismissal after seeing an advert shortly after her redundancy stating that the company was seeking recruitment consultants.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.