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Sex discrimination: Employer failed to justify policy of making fixed-term employees redundant first

This report relates to 1 case(s)

A school's governing body failed to justify the requirement imposed by the school's redundancy policy that, whatever their length of service, staff on fixed-term contracts could not qualify for the redundancy avoidance selection process, holds the Court of Appeal in Whiffen v Milham Ford Girls School and another 21.3.01 Court of Appeal. An employee whose fixed-term contract had not been renewed when a redundancy situation arose raised a prima facie case of indirect sex discrimination, and her employers then sought to justify the need for some sort of redundancy policy rather than the particular requirement of the school's policy.