Equality, diversity and human rights
The European Court of Justice has held that an employer's public statement of a discriminatory recruitment policy is direct discrimination contrary to the Race Directive (2000/43/EC).
The Employment Appeal Tribunal has held that an employee who was dismissed when he brought tribunal proceedings in order to harass his employer, rather than to receive compensation, was not protected by the victimisation provisions of the Race Relations Act 1976.
In Stevenson v JM Skinner & Co EAT/0584/07, the EAT held that an employer complied with its statutory duty to carry out a risk assessment in relation to a pregnant employee when it addressed her concerns at meetings with her and, taking account of all the circumstances, evaluated and agreed the relevant risks.
In Mayr v Bäckerei und Konditorei Gerhard Flockner OHG [2008] IRLR 387, the ECJ held that the protection afforded by the Pregnant Workers Directive against dismissal on grounds of pregnancy does not extend to a woman undergoing IVF treatment who was dismissed when in-vitro-fertilised ova existed but had not yet been transferred to her uterus. However, if she was dismissed essentially because she had undergone this advanced stage of IVF treatment, her dismissal would amount to direct sex discrimination contrary to the Equal Treatment Directive.
In Sharma and others v Manchester City Council [2008] IRLR 336, the EAT held that part-time status does not need to be the sole reason for less favourable treatment, as compared to that of a full-time worker, for a complaint of unlawful discrimination to succeed.
A recent decision of the European Court of Justice may result in the UK having to amend its sexual orientation laws in relation to pensions. Although the main points at issue in the case are already covered by legislation in the UK, the application of the Barber temporal restriction may have an impact on public sector schemes.
This week's case of the week, provided by Addleshaw Goddard, covers age discrimination against younger workers.
Sue Johnstone, editor of Equal Opportunities Review, provides a round-up of some of the remedies that employment tribunals have awarded in religion or belief discrimination cases.
In Richmond Adult Community College v McDougall [2008] IRLR 227, the Court of Appeal held that, in considering whether or not a long-term adverse effect was likely to recur, only events leading up to the alleged act of discrimination should be taken into account.
In Voss v Land Berlin C-300/06, the ECJ ruled that legislation under which overtime pay arrangements result in a part-timer being paid less overall than a comparable full-timer for the same number of hours potentially contravenes the principle of equal pay enshrined in art. 141 of the Treaty establishing the European Community.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.