Updated to include information on Unite the Union v Nailard, in which the EAT considered the union's liability for sexual harassment by two of its elected branch officers against an employee.
n Geller and another v Yeshurun Hebrew Congregation EAT/0190/15, the EAT held that, in cases where direct discrimination is not inherent in the act complained of, a tribunal must enquire further into the motivation, conscious or unconscious, of the alleged discriminator.
An employment tribunal in Scotland has awarded £28,321 to a Network Rail employee over his employer's policy of giving a period of full pay to mothers and primary adopters on shared parental leave, but paying only statutory shared parental pay to partners and secondary adopters.
The Employment Appeal Tribunal (EAT) has held that in cases where direct discrimination is not inherent from the act complained of, a tribunal must enquire further into the motivation, unconscious or subconscious, of the alleged discriminator.
In Lyons v DWP Jobcentre Plus EAT/0348/13, the EAT upheld an employment tribunal's decision that an employee who was treated unfavourably and dismissed by reason of absence for post-natal depression after the end of her maternity leave was not discriminated against under s.18 or s.13 of the Equality Act 2010.
Ford has successfully justified its policy of paying men on additional paternity leave the statutory minimum, while at the same time offering generous enhanced maternity pay to women on maternity leave.
The Employment Appeal Tribunal (EAT) has held that the bands of compensation for injury to feelings caused by unlawful discrimination should be uplifted by 10%. The EAT also held that an employee must make a complaint in writing to trigger a formal grievance procedure.
The Employment Appeal Tribunal has held that it was not direct sex discrimination or pregnancy and maternity discrimination under the Equality Act 2010 for an employer eventually to dismiss an employee who was on long-term sick leave for post-natal depression that continued long after her maternity leave had ended.
The Employment Appeal Tribunal has held that an employer's false explanation given for the withdrawal of a flexible working arrangement in evidence during a tribunal hearing reversed the burden of proof in a direct sex discrimination claim.
The employer in this tribunal case successfully defended a man's sex discrimination claim over the common issue of its dress and appearance code applying different rules to men and women.
HR and legal information and guidance relating to direct sex discrimination.