Equality, diversity and human rights
In Shaw v CCL Ltd EAT/0512/06, the EAT held that an employee whose request to work part time on her return from maternity leave was refused had been constructively unfairly dismissed.
A review of a number of recent employment tribunal decisions suggests that some employers remain unaware of the implications of, or are struggling with, the Employment Equality (Age) Regulations 2006 (SI 2006/1031), which became law on 1 October 2006. The decisions also demonstrate the approach that the tribunals might take to the question of justification of discrimination and to the assessment of injury to feelings compensation.
In Scottish and Southern Energy plc v Mackay EATS/0075/06, the EAT held that failure by an employer to consult directly with a disabled employee about the possibility of his taking up less-stressful alternative work rendered the employee's subsequent dismissal unfair, but did not in itself amount to a failure by the employer to make reasonable adjustments.
This week's case of the week, provided by DLA Piper, covers religion or belief discrimination.
The High Court has held that, in order to succeed in a claim under the Protection from Harassment Act 1997, an employee must show that there was 'an element of real seriousness' to the harassment.
The Court of Appeal has held that, in assessing whether or not there is a difference in pay that disadvantages women, there is no requirement to focus only on the advantaged group.
In Bloxham v Freshfields Bruckhaus Deringer [2007] ET/2205086/06, an employment tribunal has held that changes to a law firm's pension scheme that discriminated on the grounds of age were justified.
In Paterson v Commissioner of Police of the Metropolis [2007] IRLR 763, the EAT held that a policeman who suffered from dyslexia, which disadvantaged him when undergoing assessment for promotion, had an impairment that had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. The dyslexia therefore amounted to a disability within the meaning of the Disability Discrimination Act 1995.
The Court of Appeal ruled in Redcar and Cleveland Borough Council v Bainbridge and others [2007] EWCA Civ 929 that a woman claiming equal pay may rely on a job evaluation study even where the woman's job has been assigned a higher value than that of her comparator.
In Harris v NKL Automotive Ltd and Matrix Consultancy UK Ltd EAT 0134/07, the Employment Appeal Tribunal (EAT) has upheld an employment tribunal's finding that a requirement to have tidy hair did not indirectly discriminate against a Rastafarian who wore his hair in dreadlocks.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.