Equality, diversity and human rights
In Day v T Pickles Farms Ltd, the EAT holds that an employer who failed to make an assessment of the risks to the health and safety of a woman of child-bearing age employed in a sandwich shop no later than the date she started working there, and certainly before she became pregnant, could thereby have subjected her to a "detriment" within the meaning of the Sex Discrimination Act 1975.
In Ahmed and others v United Kingdom [1999] IRLR 188 ECHR, the European Court of Human Rights held that the Local Government Officers (Political Restrictions) Regulations 1990 did not breach the European Convention on Human Rights, since the interference with the employees' rights had been shown to be 'prescribed by law', in pursuance of one or more legitimate aims within the meaning of Article 10(2) of the Convention and was 'necessary in a democratic society' to attain them.
A white woman who left her job with a vehicle rental company because she objected to its policy of not hiring vehicles to black people was herself the victim of unlawful race discrimination, holds the Court of Appeal in Weathersfield Ltd (t/a Van & Truck Rentals) v Sargent.
A contractual term which requires a woman to undertake to return to work on the expiry of her maternity leave or otherwise to repay any amounts paid to her by her employer over and above statutory maternity pay during that period, does not contravene the equal pay principle contained in Article 119 of the Treaty of Rome and the Equal Pay Directive, rules the European Court of Justice in Boyle and others v Equal Opportunities Commission.
In Handels- og Kontorfunktionaerernes Forbund i Danmark (acting on behalf of Pedersen) v Faellesforeningen for Danmarks Brugsforeninger (acting on behalf of Kvickly Skive), the European Court of Justice rules that certain provisions of Danish law which permit the less favourable treatment in terms of pay of pregnant workers who are incapable of work due to a pregnancy-related illness prior to the commencement of their maternity leave contravene Article 119 and the Equal Pay Directive.
An employer could not reasonably have been expected to know, without being told by a job applicant suffering from photosensitive epilepsy, that the fluorescent lighting in the room in which she was interviewed might disadvantage her, holds the EAT in Ridout v T C Group.
The EC Equal Treatment Directive requires member states to provide judicial protection for those whose former employers react to their bringing claims of sex discrimination against them during their employment by refusing their requests for a reference, rules the European Court of Justice in Coote v Granada Hospitality Ltd.
The EC Equal Treatment Directive precludes dismissal of a female worker at any time during her pregnancy for absences owing to pregnancy-related illness, rules the European Court of Justice in Brown v Rentokil Ltd.
A woman who was deprived of the right to an annual performance assessment - and, consequently, of the possibility of qualifying for promotion - because she was on maternity leave was discriminated against on grounds of sex within the meaning of the EC Equal Treatment Directive, holds the European Court of Justice in Caisse Nationale d'Assurance Vieillesse des Travailleurs Salariés v Thibault.
In London Underground Ltd v Edwards (No.2), the Court of Appeal holds that a female train driver who was unable to comply with new rostering arrangements imposed by her employer was indirectly discriminated against on the ground of her sex.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.