Sector focus
The Tax and Chancery Chamber of the Upper Tribunal has held that expectant mothers can choose to start their statutory maternity pay (SMP) at a later date than the date when they cease work.
In Aitken v Commissioner of Police of the Metropolis EAT/0226/09, the EAT held that, in assessing whether or not a police officer who had displayed violent tendencies had been discriminated against, the employment tribunal was entitled to have regard to the need for a police officer not to appear to present a danger to colleagues or the public.
Claire Benson, Rebekah Martin and Poppy Fildes, associates at Addleshaw Goddard, detail the latest rulings.
In Dansie v Commissioner of Police for the Metropolis EAT/0234/09, the EAT held that a police force did not treat a male trainee officer less favourably on grounds of sex by requiring him to have his hair cut, when the same requirement would not have been demanded of a female officer with a similar hairstyle.
The Court of Appeal has criticised an employment tribunal’s suggestion that tribunals should adopt a “liberal” approach when considering whether or not to extend the time limit for lodging a claim.
The Employment Appeal Tribunal has held that a sleep-in payment was not an allowance for the purpose of the national minimum wage. Therefore it should not be excluded from the calculation of the hourly rate paid by the employer.
In Kulkarni v Milton Keynes Hospital NHS Trust and Secretary of State for Health [2009] IRLR 829 CA, the Court of Appeal held that NHS doctors subject to disciplinary proceedings are entitled to be represented at any disciplinary hearing by a qualified lawyer instructed by their medical protection organisation.
In Hartlepool Borough Council v Llewellyn and other appeals [2009] IRLR 796 EAT, the EAT confirmed that male employees may institute contingent claims relying on female comparators who have instituted equal pay claims citing other more highly paid male colleagues. The male employees may be awarded arrears of pay for the same period as their comparators.
The Employment Appeal Tribunal has held that a special constable's inability to meet the physical requirements to become a regular constable is not an adverse effect on her ability to carry out normal day-to-day activities when deciding whether or not she is disabled.
HR and legal information, news and guidance relating to specific industry sectors.