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Sex discrimination

New and updated

  • Date:
    18 July 2007
    Type:
    Employment law cases

    Maternity leave: Right to return to work

    In Blundell v The Governing Body of St Andrew's Catholic Primary School and another EAT/0329/06 the Employment Appeal Tribunal held that a teacher returning to work following maternity leave was not entitled to return to the same class that she had been teaching when her maternity leave began.

  • Date:
    14 May 2007
    Type:
    Employment law cases

    Sex discrimination: Prima facie case requires more than a difference in sex and a difference in treatment

    In Madarassy v Nomura International plc [2007] IRLR 246, the Court of Appeal has held that a "possibility" of discrimination arising only from a difference in gender and a difference in treatment is not, without more, sufficient to support an inference of unlawful discrimination, thereby shifting the burden of proof to the employer.

  • Date:
    1 April 2007
    Type:
    Employment law cases

    EC Directive not properly implemented

    The High Court has found that the Sex Discrimination Act 1975, as amended, does not give full effect to the revised EC Equal Treatment Directive, in Equal Opportunities Commission v Secretary of State for Trade and Industry (12 March 2007).

  • Date:
    17 November 2006
    Type:
    Employment law cases

    Sex discrimination: Hospital's chaperone policy caused a detriment to a male nurse

    In Moyhing v Barts and London NHS Trust EAT/0085/06, the Employment Appeal Tribunal holds that an employer's policy of chaperoning male nurses carrying out intimate procedures on female patients was sex discrimination. The claimant was entitled to feel that the policy subjected him to a detriment.

  • Date:
    7 July 2006
    Type:
    Employment law cases

    Health and safety/maternity rights: 'Avoiding risk' to new and expectant mothers

    In New Southern Railway Ltd v Quinn [2006] IRLR 606 EAT, the Employment Appeal Tribunal holds that an employer's duty to take steps to "avoid" risk to a pregnant woman means that the risk should be reduced to its lowest acceptable level - not that it must be removed completely.

  • Type:
    Employment law cases

    Case round-up: Sex discrimination

    This week's case round-up from Eversheds, covering sex discrimination.

  • Date:
    23 June 2006
    Type:
    Employment law cases

    Sex discrimination: Pro rata reduction of contractual bonus for ordinary maternity leave not discriminatory

    In Hoyland v Asda Stores Ltd [2006] All ER (D) 133 CS, the Court of Session holds that despite being described as "discretionary" a bonus scheme was "regulated" by the employee's contract of employment and therefore fell outside the scope of the Sex Discrimination Act 1975.

  • Type:
    Employment law cases

    Case round-up: Constructive dismissal compensation and injury to feelings award

    This week's case round-up from Eversheds, covering: constructive dismissal compensation; and injury to feelings awards.

  • Date:
    7 April 2006
    Type:
    Employment law cases

    Employment status/sex discrimination: Church minister was employee for sex discrimination purposes

    In Percy v Church of Scotland Board of National Mission, the House of Lords holds that a church minister who had entered into a contract personally to execute work or labour was an "employee" for the purposes of the Sex Discrimination Act 1975.

  • Type:
    Employment law cases

    Case round-up

    Bess Sturman and Richard Port of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.