Case report round-up: Special treatment of employee on maternity leave resulted in unlawful discrimination against male colleague

XpertHR's latest case reports cover:

• Sex discrimination: Special treatment of employee on maternity leave resulted in unlawful discrimination against male colleague In Eversheds Legal Services Ltd v de Belin [2011] IRLR 448 EAT, the EAT held that a male employee was discriminated against on the grounds of sex when he was selected for redundancy after a colleague on maternity leave was automatically given the highest possible score in respect of one of the selection criteria. (Employment Review)
• Whistleblowing: EAT equates whistleblowing detriment claims with discrimination claims for purpose of employer's burden of proof In Fecitt and others v NHS Manchester [2011] IRLR 111 EAT, the EAT held that, where a worker has suffered a detriment following a protected disclosure, the employer must prove that its act or deliberate failure to act was "in no sense whatever" on the grounds that the employee had done the protected act. (Employment Review)

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