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- Date:
- 28 May 2008
- Type:
- Employment law cases
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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- Date:
- 25 February 2008
- Type:
- Employment law cases
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.
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- Date:
- 18 July 2007
- Type:
- Employment law cases
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.
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- Date:
- 14 May 2007
- Type:
- Employment law cases
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.
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- Date:
- 1 April 2007
- Type:
- Employment law cases
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).
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- Date:
- 17 November 2006
- Type:
- Employment law cases
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.
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- Date:
- 7 July 2006
- Type:
- Employment law cases
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.
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- Type:
- Employment law cases
This week's case round-up from Eversheds, covering sex discrimination.
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- Date:
- 23 June 2006
- Type:
- Employment law cases
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.
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- Type:
- Employment law cases
This week's case round-up from Eversheds, covering: constructive dismissal compensation; and injury to feelings awards.