This is a classic example of inappropriate behaviour resulting in a successful harassment claim.
As with so many discrimination cases, this decision involves a "joke" that went badly wrong.
Judith Harris, legal director, James Buckley, associate, Dinu Suntook, associate, at Addleshaw Goddard detail the latest rulings.
In Hacking & Paterson and another v Wilson EAT/0054/09, the EAT held that, where a woman employed as a property manager claimed indirect sex discrimination following the refusal of her flexible working request on her return from maternity leave, the pool for comparison should exclude those property managers with no interest in flexible working.
The Employment Appeal Tribunal has reaffirmed that in a claim for indirect sex discrimination where the complaint is based on an employer's refusal to grant a benefit, the appropriate pool of comparators should include only those employees who want the benefit.
The Employment Appeal Tribunal has held that the employment tribunal was entitled to find that the Royal Navy's promotion system indirectly discriminated against a female officer.
In this case, which has drawn a lot of media attention, the tribunal held that a well-known former BBC presenter suffered age discrimination at the hands of the corporation.
In Shackletons Garden Centre Ltd v Lowe EAT/0161/10, the EAT held that an employment tribunal had insufficient evidence for its finding that an employee returning from maternity leave suffered indirect sex discrimination when her employer required her to work weekend shifts on the same basis as the other sales staff.
The industrial tribunal in Northern Ireland has awarded over £52,000 for sex and race discrimination after an employer ignored complaints from a Polish female worker that she was being subjected to serious sexual and racial harassment in the factory in which she worked.
HR and legal information and guidance relating to sex discrimination.