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.
This decision is a reminder to employers and employees that it is possible for a heterosexual employee to be subjected to sexual orientation discrimination, even if the harasser knows that the employee is not gay.
The Employment Appeal Tribunal has held that, in ascertaining whether or not words that reference a protected characteristic constitute unlawful discrimination, the conduct complained of must be seen in context.
The employment tribunal in this case took the unusual step of upholding complaints of direct sex discrimination and sexual harassment in relation to events that had occurred up to three years out of time.
The tribunal's reference to the European Court of Justice (ECJ) in this case could result in women who have a child through a surrogate mother being entitled to the same employment protection under EU law as conventional mothers.
HR and legal information and guidance relating to direct sex discrimination.