Equality, diversity and human rights
In Alabaster v Woolwich plc, the European Court of Justice holds that article 119 (now 141) of the EC Treaty of Rome requires that earnings-related maternity pay must reflect any pay rise awarded between the start of the reference period (upon which the level of the earnings-related maternity pay is based) and the end of the employee's maternity leave.
The overwhelming majority of discrimination law cases are unsuccessful. If the decision is not one of an employment tribunal, it will be a binding precedent.
This week's case round-up from Eversheds, covering dismissals relating to common law duties.
In Department for Work and Pensions v Thompson [2004] IRLR 348 EAT, the Employment Appeal Tribunal held that a workplace dress code that requires men to wear a collar and tie and women to dress appropriately to a similar standard may not be discriminatory on the grounds of sex.
In Laing Ltd v Essa, the Court of Appeal holds that an employee who suffered unlawful race discrimination which caused him psychiatric injury was entitled to recover compensation for that injury provided he could establish that the discrimination caused the damage.
In Visa International Service Association v Paul the EAT holds that an employment tribunal was correct to find that an employee was constructively dismissed when her employer failed to notify her, while she was on maternity leave, of a newly created post arising out of a reorganisation in her department in which the employee was interested, and considered herself well qualified for.
In Pay v Lancashire Probation Service, the EAT holds that a probation officer with specific responsibility for sex offenders, who was publicly engaged in sadomasochistic activities in his spare time, did not have his rights under the European Convention on Human Rights breached when he was dismissed upon discovery of those activities.
In London Borough of Southwark v Ayton EAT/515/03, the Employment Appeal Tribunal upheld an employment tribunal's reasoning in finding victimisation and its recommendation that the respondent should arrange training in respect of racial awareness for the person held to have victimised the claimant, but remitted the claim to the employment tribunal to consider whether the allegation made by the claimant was false and not made in good faith.
In Steinicke v Bundesanstalt fur Arbeit [2003] IRLR 892 ECJ, the European Court of Justice held that a German public sector scheme for part-time working for older employees that was dependent on previous full-time service could infringe EC law if indirectly discriminatory against women, unless justification was shown.
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Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.