This unusual case against the Metropolitan Police involves direct discrimination against a dog handler who was required to return a police dog during maternity leave, which damaged her career progression and denied her opportunities for overtime.
This Northern Ireland industrial tribunal decision is a good example of how an employer can indirectly discriminate against a female job applicant by making it a requirement to have a number of years' relevant experience within a narrow time frame, something that is more difficult for women who have been raising a family to achieve.
Tori O'Neil, Tessa Harland, Sarah Wade and Ed Gregory are associates at Addleshaw Goddard LLP. They round up the latest rulings.
In a decision that may appear harsh, the employment tribunal penalised the employer almost £3,000 for failing to follow the statutory right to request flexible working procedure to the letter, even though the managing director may have been distracted because he was dealing with possible redundancies at the same time.
In Ministry of Defence v Cartner EAT/0242/10, the EAT upheld the tribunal’s decision that a Royal Navy promotion board indirectly discriminated against a non-seagoing female naval officer by preferring those with seagoing experience when considering candidates for promotion.
This Northern Ireland industrial tribunal decision is a succinct example of an employer discriminating against a female employee with childcare responsibilities by having inflexible working hours.
In Hacking & Paterson and another v Wilson EAT/0054/09, the EAT held that, where a woman employed as a property manager claimed indirect sex discrimination following the refusal of her flexible working request on her return from maternity leave, the pool for comparison should exclude those property managers with no interest in flexible working.
The Employment Appeal Tribunal has reaffirmed that in a claim for indirect sex discrimination where the complaint is based on an employer's refusal to grant a benefit, the appropriate pool of comparators should include only those employees who want the benefit.
The Employment Appeal Tribunal has held that the employment tribunal was entitled to find that the Royal Navy's promotion system indirectly discriminated against a female officer.
HR and legal information and guidance relating to indirect sex discrimination.