Equality, diversity and human rights
The Employment Appeal Tribunal has held that "special treatment" afforded to a woman in connection with pregnancy or childbirth under the Sex Discrimination Act 1975 must constitute a proportionate means of achieving the legitimate aim of compensating her for the disadvantages occasioned by pregnancy or maternity leave.
The employment tribunal in this case found that comments from two managers in capability meetings, suggesting that an underperforming older worker might consider early retirement, constituted age discrimination.
In Rosenbladt v Oellerking Gebäudereinigungsges mbH [2011] IRLR 51 ECJ, the ECJ held that art.6(1) of the Equal Treatment Framework Directive does not necessarily preclude domestic legislation that permits the use of automatic termination clauses based on the retirement age, or the use of such clauses in collective agreements. The crucial issue is whether or not such measures are objectively justified.
An employment tribunal has held that a former BBC employee's belief that "public service broadcasting has the higher purpose of promoting cultural interchange and social cohesion" is a philosophical belief for the purposes of discrimination legislation.
Rebekah Martin, Carly Mather, Kate Edminson and James Buckley, all associates at Addleshaw Goddard, detail the latest rulings.
The Employment Appeal Tribunal has considered employers' liability for discriminatory acts committed by agency workers.
In this case, the industrial tribunal in Northern Ireland ordered a care worker's former employer to pay her £9,500 for sex discrimination after it failed to provide her with a reference.
This well-publicised decision concerns whether or not four assistant referees were discriminated against as a result of a retirement age of 48.
The Court of Appeal has held that the tribunal was correct to decide that it had jurisdiction to hear claims of unfair dismissal and sex discrimination by two British employees who worked for the Ministry of Defence in Belgium and the Netherlands.
Judith Harris, legal director, James Buckley, associate, Dinu Suntook, associate, at Addleshaw Goddard detail the latest rulings.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.