The Employment Appeal Tribunal has held that it was not direct sex discrimination or pregnancy and maternity discrimination under the Equality Act 2010 for an employer eventually to dismiss an employee who was on long-term sick leave for post-natal depression that continued long after her maternity leave had ended.
The Employment Appeal Tribunal has held that the fact that a claimant had worked under an illegal contract did not prevent her from claiming sex discrimination.
The Employment Appeal Tribunal has held that an employer's false explanation given for the withdrawal of a flexible working arrangement in evidence during a tribunal hearing reversed the burden of proof in a direct sex discrimination claim.
James Buckle, Gerri Hurst, Joelle Parkinson, Chris McAvoy and Helen Samuel are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
Assumptions that an individual accused of sexual harassment must be guilty can be costly, as this council found out after a tribunal awarded the claimant £169,000 for sex discrimination and constructive dismissal.
David Malamatenios is a partner, and Linda Quinn, Krishna Santra, Sandra Martins and Melissa Powys-Rodrigues are solicitors at Colman Coyle Solicitors. They round up the latest rulings.
In this case, the employer victimised an employee after it found out that she was pursuing tribunal claims against her former employer, showing the wide protection that the Equality Act 2010 gives against victimisation.
In this case, the employment tribunal found that a manager's single remark, despite being of a sexual nature, was intended as a joke and did not amount to sexual harassment.
The employer in this tribunal case successfully defended a man's sex discrimination claim over the common issue of its dress and appearance code applying different rules to men and women.