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Highlights of key cases

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Atkins v Coyle Personnel plc [2008] IRLR 420 EAT (1 other report)
- Automatically unfair dismissal: Causal link between dismissal and paternity leave necessary
  
  Date:
  
  14 April 2008
  
  In Atkins v Coyle Personnel plc EAT/0206/07, the EAT held that, for an employee to claim successfully that his dismissal was related to the fact that he had taken paternity leave, there must be a causal link between the dismissal and the leave.
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English v Thomas Sanderson Blinds Ltd [2008] IRLR 342 EAT (0 other reports)
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Mayr v Bäckerei Und Konditorei Gerhard Flöckner OHG [2008] IRLR 387 ECJ (1 other report)
- Pregnancy dismissal: Fertilised but non-implanted ova did not constitute pregnancy
  
  Date:
  
  28 May 2008
  
  In Mayr v Bäckerei und Konditorei Gerhard Flockner OHG [2008] IRLR 387, the ECJ held that the protection afforded by the Pregnant Workers Directive against dismissal on grounds of pregnancy does not extend to a woman undergoing IVF treatment who was dismissed when in-vitro-fertilised ova existed but had not yet been transferred to her uterus. However, if she was dismissed essentially because she had undergone this advanced stage of IVF treatment, her dismissal would amount to direct sex discrimination contrary to the Equal Treatment Directive.
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Okonu v G4S Security Services (UK) Ltd EAT/0035/07 (0 other reports)

This month's round-up of decisions on discrimination from the courts.

On this page:
Pregnancy
    Dismissal of women undergoing IVF treatment can be discriminatory
    What it means
Sexual orientation
    Regulations not EU-compliant
    What it means
Race discrimination
     No reverse burden of proof in colour or nationality cases
     What it means
Paternity leave
      Test for unfair dismissal
     What it means

PREGNANCY

Dismissal of woman undergoing IVF treatment can be discriminatory

Mayr v Bäckerei und Konditorei Gerhard Flöckner OHG

The European Court of Justice has ruled that it is unlawful sex discrimination contrary to EU law to dismiss a woman because she is undergoing IVF treatment.

Employment law cases

Highlights of key cases

Automatically unfair dismissal: Causal link between dismissal and paternity leave necessary

Pregnancy dismissal: Fertilised but non-implanted ova did not constitute pregnancy

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Highlights of key cases