Equality, diversity and human rights

New and updated

• Type:

  FAQs

  Where an employer redeploys a disabled employee to a lower-grade post under its obligations to make reasonable adjustments, is it obliged to maintain the employee's salary level?

• Type:

  FAQs

  Can an employer defend a direct discrimination claim on the basis that any discrimination was unintentional?

• Type:

  Employment law cases

  Case round-up

  Joe Glavina and Emma Slark at Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.

• Date:

  14 October 2005

  Type:

  Employment law cases

  Equal pay: Sick pay scheme not discriminatory

  In North Western Health Board v McKenna, the ECJ holds that a sick leave scheme that treats female workers who suffer from a pregnancy-related illness in the same way as workers suffering from other types of illness falls within the scope of the Equal Pay Directive 75/117/EC rather than the Equal Treatment Directive 76/207/EC.

• Date:

  14 October 2005

  Type:

  Employment law cases

  Sex discrimination: Minimum 75% full-time hours policy is indirectly discriminatory

  In British Airways plc v Starmer, the EAT holds that the tribunal was entitled to find that a decision by the employer not to allow the employee to work part-time at 50% of her full-time hours, but only at 75%, was a "provision, criterion or practice" for the purposes of s.1(2)(b) of the Sex Discrimination Act 1975.

• Type:

  Employment law cases

  Case round up

  Sally Logan, associate at Addleshaw Goddard, brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.

• Type:

  Employment law cases

  Case round up

  Judith Harris of Addleshaw Goddard brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.

• Date:

  15 July 2005

  Type:

  Employment law cases

  Equal pay: No non-economic losses in equal pay claims

  In Council of the City of Newcastle upon Tyne v Allan and others, Degnan and others v Redcar and Cleveland Borough Council, the EAT holds that there can be no claim for non-economic loss, that is for injury to feelings or for exemplary or aggravated damages, in claims under the Equal Pay Act 1970 because these are claims in contract rather than statutory torts, as in claims under the Sex Discrimination Act 1975.

• Date:

  27 May 2005

  Type:

  Employment law cases

  Disability discrimination: Employer knew of disability at recruitment and failed to adjust

  In Williams v J Walter Thompson Group Ltd, the Court of Appeal holds that an employment tribunal was correct to decide that a blind employee suffered unlawful disability discrimination and constructive unfair dismissal when her employer failed to provide her with the specialist equipment and training necessary for her to carry out the IT work for which she was appointed.

• Date:

  13 May 2005

  Type:

  Employment law cases

  Harassment/employer's liability: Employers held vicariously liable under 'stalking' legislation

  In Majrowski v Guy's and St Thomas' NHS Trust, the Court of Appeal holds that vicarious liability is not restricted to common law claims. An employer may be vicariously liable for a breach of statutory duty imposed only on his employee, if that would be just and reasonable in light of a sufficiently close connection between the unlawful act and the employee's duties and/or if the risk of the employee's wrongdoing is "reasonably incidental" to the employee's duties and, further, if the statute does not expressly (or on its proper construction) exclude such vicarious liability.