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Sex discrimination
In St Helens Metropolitan Borough Council v Derbyshire and others, the EAT holds that the tribunal did not err in law in finding that the council had victimised catering staff who had presented equal pay claims.
In Scott v Commissioners of Inland Revenue the Court of Appeal holds that an employment tribunal erred in awarding only £15,000 in respect of the psychiatric injury caused to an employee by the way in which his employer dealt with allegations of sexual harassment made against him by a work colleague.
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 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.
This week's case round-up from Eversheds, covering: mobility clauses and "protected" whistleblowing disclosures.
In Nelson v Carillion Services Ltd, the Court of Appeal holds that the burden of proof in indirect sex discrimination cases should be approached in the same way irrespective of whether a case is brought under Article 141 (previously 119) of the EC Treaty of Rome, the Sex Discrimination Act 1975 or the Equal Pay Act 1970.
In Relaxion Group plc v Rhys-Harper and related cases the House of Lords interprets anti-discrimination legislation to mean that employees should be protected against certain acts of post-termination discrimination by their employer.
In MacDonald v AG for Scotland; Pearce v Governing Body of Mayfield School, the House of Lords holds that a homosexual who is dismissed or harassed because of his or her sexual orientation must be compared with a homosexual of the opposite gender for the purposes of establishing direct sex discrimination.
In Barton v Investec Henderson Crosthwaite Securities Ltd, the EAT holds that by the insertion of the new section 63A into the Sex Discrimination Act 1975, a "shifting" burden of proof is introduced into sex discrimination claims, making it necessary to set out fresh guidance as to the correct approach for employment tribunals to take.
Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.
Employment law cases: HR and legal information and guidance relating to sex discrimination.