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Sex discrimination
In Blundell v The Governing Body of St Andrew's Catholic Primary School and another EAT/0329/06 the Employment Appeal Tribunal held that a teacher returning to work following maternity leave was not entitled to return to the same class that she had been teaching when her maternity leave began.
In Madarassy v Nomura International plc [2007] IRLR 246, the Court of Appeal has held that a "possibility" of discrimination arising only from a difference in gender and a difference in treatment is not, without more, sufficient to support an inference of unlawful discrimination, thereby shifting the burden of proof to the employer.
The High Court has found that the Sex Discrimination Act 1975, as amended, does not give full effect to the revised EC Equal Treatment Directive, in Equal Opportunities Commission v Secretary of State for Trade and Industry (12 March 2007).
In Moyhing v Barts and London NHS Trust EAT/0085/06, the Employment Appeal Tribunal holds that an employer's policy of chaperoning male nurses carrying out intimate procedures on female patients was sex discrimination. The claimant was entitled to feel that the policy subjected him to a detriment.
In New Southern Railway Ltd v Quinn [2006] IRLR 606 EAT, the Employment Appeal Tribunal holds that an employer's duty to take steps to "avoid" risk to a pregnant woman means that the risk should be reduced to its lowest acceptable level - not that it must be removed completely.
This week's case round-up from Eversheds, covering sex discrimination.
In Hoyland v Asda Stores Ltd [2006] All ER (D) 133 CS, the Court of Session holds that despite being described as "discretionary" a bonus scheme was "regulated" by the employee's contract of employment and therefore fell outside the scope of the Sex Discrimination Act 1975.
This week's case round-up from Eversheds, covering: constructive dismissal compensation; and injury to feelings awards.
In Percy v Church of Scotland Board of National Mission, the House of Lords holds that a church minister who had entered into a contract personally to execute work or labour was an "employee" for the purposes of the Sex Discrimination Act 1975.
Bess Sturman and Richard Port of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.
Employment law cases: HR and legal information and guidance relating to sex discrimination.