Consultant editor Darren Newman asks if an employment tribunal was correct to hold that it was direct sex discrimination for a new father to be allowed to take only two weeks' leave on full pay, when female staff were entitled to 14 weeks' enhanced maternity pay.
An employment tribunal has held that it was direct sex discrimination for a new father whose wife had post-natal depression to be allowed to take only two weeks' leave on full pay, when female staff were entitled to 14 weeks' enhanced maternity leave.
Cases on appeal provides news on key case law developments that are expected.
In this podcast, XpertHR consultant editor Darren Newman considers James v Eastleigh Borough Council, concerning a man who had to pay 75p to go swimming, whereas his wife was admitted for free. Darren looks at its relevance in respect of more recent cases regarding the treatment of migrant workers.
Updated to include information on Peninsula Business Service Ltd v Baker, in which the EAT considered the employer's liability for victimisation by an agent surveillance company it had appointed.
An employment tribunal has held that a police force's policy of giving a period of full pay to mothers on maternity leave, but paying only statutory shared parental pay to partners, is not discriminatory.
In 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.
HR and legal information and guidance relating to direct sex discrimination.