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Equality, diversity and human rights

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  • Date:
    28 May 2008
    Type:
    Employment law cases

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

    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.

  • Date:
    9 May 2008
    Type:
    Employment law cases

    Part-time workers: Part-time status need not be the sole reason for less favourable treatment

    In Sharma and others v Manchester City Council [2008] IRLR 336, the EAT held that part-time status does not need to be the sole reason for less favourable treatment, as compared to that of a full-time worker, for a complaint of unlawful discrimination to succeed.

  • Type:
    Employment law cases

    ECJ ruling on sexual orientation law

    A recent decision of the European Court of Justice may result in the UK having to amend its sexual orientation laws in relation to pensions. Although the main points at issue in the case are already covered by legislation in the UK, the application of the Barber temporal restriction may have an impact on public sector schemes.

  • Type:
    Employment law cases

    Case of the week: Age discrimination against younger workers

    This week's case of the week, provided by Addleshaw Goddard, covers age discrimination against younger workers.

  • Date:
    1 April 2008
    Type:
    Employment law cases

    Case digest: Religion or belief discrimination

    Sue Johnstone, editor of Equal Opportunities Review, provides a round-up of some of the remedies that employment tribunals have awarded in religion or belief discrimination cases.

  • Type:
    FAQs

    Where an employee who is about to go on maternity leave applies for an internal vacancy, must the employer consider them for the position?

  • Date:
    10 March 2008
    Type:
    Employment law cases

    Disability discrimination: Meaning of 'likely to recur'

    In Richmond Adult Community College v McDougall [2008] IRLR 227, the Court of Appeal held that, in considering whether or not a long-term adverse effect was likely to recur, only events leading up to the alleged act of discrimination should be taken into account.

  • Date:
    10 March 2008
    Type:
    Employment law cases

    Equal pay: Pitfall of unpaid overtime for part-timers

    In Voss v Land Berlin C-300/06, the ECJ ruled that legislation under which overtime pay arrangements result in a part-timer being paid less overall than a comparable full-timer for the same number of hours potentially contravenes the principle of equal pay enshrined in art. 141 of the Treaty establishing the European Community.

  • Date:
    25 February 2008
    Type:
    Employment law cases

    Sex discrimination: Discriminatory act amounted to constructive dismissal

    In Shaw v CCL Ltd EAT/0512/06, the EAT held that an employee whose request to work part time on her return from maternity leave was refused had been constructively unfairly dismissed.

  • Date:
    24 December 2007
    Type:
    Employment law cases

    Age discrimination: recent tribunal decisions

    A review of a number of recent employment tribunal decisions suggests that some employers remain unaware of the implications of, or are struggling with, the Employment Equality (Age) Regulations 2006 (SI 2006/1031), which became law on 1 October 2006. The decisions also demonstrate the approach that the tribunals might take to the question of justification of discrimination and to the assessment of injury to feelings compensation.

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