In Shamoon v Chief Constable of the Royal Ulster Constabulary, the House of Lords holds that in cases where a complainant alleges direct sex discrimination, the statutory comparison requires that all the circumstances that are relevant to the way the complainant was treated are the same as, or not materially different from, the circumstances of the comparator.
In Chief Constable of Cumbria v McGlennon the EAT holds that an employment tribunal had jurisdiction to consider a sex discrimination complaint against the chief constable based on management decisions on posting and deployment taken by officers under his authority.
A man refused a post as a swimming instructor was sexually discriminated against, holds a Bristol employment tribunal (Chair: W H Owen) in Elliott v Somerset County Council.
Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of decisions on discrimination.
Temporary workers who are pregnant when they apply for a job or who become pregnant while doing it have won the right to the same protection as permanent employees under the Pregnant Workers' and Equal Treatment Directives.
In R v The Chief Constable of Merseyside Police; ex parte Bennion, the Court of Appeal holds that the Chief Constable could properly adjudicate in disciplinary proceedings brought against an officer in his force, although he had been cited as respondent in pending tribunal proceedings of sex discrimination and victimisation brought by that officer against another officer.
Two apparently contradictory judgements address whether treatment must have any material consequences to constitute a detriment under discrimination law. Plus, cases on Tupe, termination payments and unfair dismissal for misconduct unrelated to employment
Continuing our regular series spelling out the implications of important cases which have been heard recently in the appeal courts.
In Wheeler and another v Durham County Council, the Court of Appeal restores the finding of the employment tribunal that it would not draw an inference of sex discrimination on the evidence before it.
A female chief inspector failed in her sex discrimination complaint as she could not show that she had suffered a detriment, holds the Northern Ireland Court of Appeal in Shamoon v Chief Constable of the Royal Ulster Constabulary.
HR and legal information and guidance relating to direct sex discrimination.