An employment tribunal erred in finding that a contract of employment where payment was set at a level that did not interfere with the employee's receipt of state benefits was tainted by illegality preventing the employee from making a sex discrimination claim, holds the EAT in Chilton v HM Prison Service.
In Coyne v The Home Office, the EAT upholds the decision of an employment tribunal that an employer's failure to carry out a proper investigation into an employee's complaint of sexual harassment was unlawful discrimination on the grounds of sex.
An attempt to recruit a woman to a temporary post in an all-male section by excluding applications from men was unlawful discrimination, holds a Bedford employment tribunal (Chair: J M Wheeldon) in Jones v Chief Constable of Northamptonshire Police.
A pregnant employee of a ferry company, who was suspended from working on board ship in accordance with Regulations precluding those with specified medical conditions, including pregnancy, from working at sea, suffered direct sex discrimination when she did not receive full pay during the period of her suspension, holds the EAT in P&O European Ferries (Dover) Ltd and another v Iverson.
The good intentions behind a senior police officer's suggestion to a white police sergeant that his brief sexual relationship with a 17-year-old female trainee of Asian origin could have jeopardised police relations with the Asian community were not relevant to the question of whether or not the sergeant had suffered unlawful race and sex discrimination, but could be pertinent to the issue of remedy, holds the EAT in Chief Constable of the Greater Manchester Police and another v Hope.
In ACAS v Taylor, the EAT upholds an industrial tribunal's decision that ACAS applied a policy of positive discrimination in favour of female employees applying for promotion to senior executive officer grade, and that a male applicant for promotion suffered unlawful sex discrimination as a result.
An industrial tribunal was entitled to refuse to allow lengthy cross-examination of an employee, who had complained of indirect sex discrimination, on the subject of her family's financial outgoings, holds the EAT in Zurich Insurance Co v Gulson.
The sex discrimination complaint of a man who, when he applied for employment at a women's health club was told that only female staff would be employed, was not well-founded, holds the EAT in Lasertop Ltd v Webster.
A woman who asked her employer if she could change from full-time to part-time work when she returned from maternity leave was time-barred from complaining that the refusal of this request was discriminatory on the ground of her sex, because the three-month period for presenting her complaint started to run from the first refusal before she went on maternity leave, holds the EAT in Cast v Croydon College.
In British Telecommunications plc v Roberts and Longstaffe, the EAT holds that a request to jobshare after maternity leave is not covered by the special protection accorded to women during pregnancy and maternity leave.
HR and legal information and guidance relating to direct sex discrimination.