In R v Secretary of State for Employment ex parte Seymour-Smith and Perez (9 February 1998) EOR84A, the European Court of Justice sets out principles for determining whether a Member State has indirectly discriminated contrary to EU law.
In Cast v Croydon College, the Court of Appeal holds that the act of discrimination complained of by a woman, whose employer had refused on three separate occasions to allow her to jobshare after she returned from maternity leave, extended up to the time she resigned.
In London Underground Ltd v Edwards (No.2), the Court of Appeal holds that a female train driver who was unable to comply with new rostering arrangements imposed by her employer was indirectly discriminated against on the ground of her sex.
Calculating severance payments by reference to final pay, so that a part-timer who had previously worked full time did not have her full-time service reflected in her severance payment, was not proven to have a disproportionately adverse effect on women as compared with men but, if there was indirect discrimination, it was objectively justified, holds the Court of Appeal in Barry v Midland Bank plc.
Where far more women than men work part time, national regulations requiring part-time employees to complete a period of employment more than one-third longer than that completed by their full-time counterparts in order to have approximately the same chance of promotion are contrary to the Equal Treatment Directive if there is no special link between length of service and acquisition of a certain level of knowledge and experience, rules the European Court of Justice in Gerster v Freistaat Bayern.
A "requirement or condition" applied by an employer does not have to constitute an absolute bar in order for it to be challenged as amounting to indirect sex discrimination, holds the EAT in Falkirk Council and others v Whyte and others.
In Barry v Midland Bank plc, the EAT holds that a woman bank employee was not indirectly discriminated against on the ground of her sex when the bank calculated her severance pay by reference to her part-time salary at the time of termination, notwithstanding that she had been employed full time for the first 11 years of her 13 years' service.
An industrial tribunal was entitled to conclude that the proportion of female train operators who could comply with a new roster (95.2%) was "considerably smaller" than the proportion of male train operators who could do so (100%), holds the EAT in London Underground Ltd v Edwards (No.2).
In R v Secretary of State for Employment, ex parte Seymour-Smith and another, the House of Lords discharges an order made by the Court of Appeal which declared that the two-year qualifying period for unfair dismissal was, at least in the years 1985 to 1991, incompatible with the EC Equal Treatment Directive.
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.
HR and legal information and guidance relating to indirect sex discrimination.