According to the Court of Appeal, the teacher, who was subjected to homophobic taunts and harassment by pupils that did not, at the time they occurred, amount to less favourable treatment on the grounds of her sex under the Sex Discrimination Act 1975 ("the SDA"), could not rely on provisions of the European Convention on Human Rights ("the Convention"), as scheduled to the Human Rights Act 1998 ("the HRA"), to claim retrospective compensation.
In O'Donaghue v Redcar and Cleveland Borough Council, the Court of Appeal upholds an employment tribunal's conclusion that an unfairly dismissed employee would in any event have been fairly dismissed no later than six months after the effective date of termination of her employment.
The Sex Discrimination Act 1975 does not protect homosexuals from discrimination on grounds of their sexual preference, holds the EAT in Smith v Gardner Merchant Ltd.
The EAT has ruled, in Chief Constable of West Yorkshire v Vento, that evidence of the treatment afforded to comparators in similar, even if not the same situations, can be relied upon as evidence of how a hypothetical comparator would have been treated.
In Patefield v Belfast City Council, the Northern Ireland Court of Appeal holds that a council unlawfully discriminated against an agency temp, contrary to the Sex Discrimination Act 1975, by replacing her with a permanent employee when she went on maternity leave.
The fact that the sexual harassment of an employee was treated by her line manager as her fault could not be related to her sex as opposed to poor relationships with other members of staff, holds the Court of Appeal in Home Office v Coyne.
In Pearce v Governing Body of Mayfield Secondary School, the EAT upholds an employment tribunal's decision that the only discrimination against a lesbian schoolteacher, who had suffered from regular homophobic abuse by pupils at her school, was on grounds of sexual orientation and not on grounds of sex.
A married man who applied for a job in Madrid was not unlawfully discriminated against on the ground of his marital status when the employer, on hearing that he intended to commute weekly between London and Madrid, decided not to appoint him, holds the EAT in Bloomberg Financial Markets v Cumandala.
An employment tribunal erred in failing to take account of losses incurred by an employee after she embarked on a full-time university course in calculating her compensation for future loss of earnings, holds the EAT in Khanum v IBC Vehicles Ltd.
HR and legal information and guidance relating to direct sex discrimination.