Susannah Jarvis (associate) and Kate Williams (professional support lawyer) at Addleshaw Goddard analyse important rulings.
This week's case of the week, provided by DLA Piper, covers sex discrimination.
This article summarises the main issues and outcomes in five tribunal cases brought by pregnant employees or employees on maternity leave. Although the decisions are not binding on other tribunals, they provide useful illustrations for employers of situations that have led to pregnancy discrimination claims.
The Employment Appeal Tribunal has upheld an employment tribunal finding that the employer had not failed to carry out a risk assessment on the basis that the requirement to carry out an assessment did not apply to the employee's work. There is no general obligation to carry out a risk assessment on pregnant employees so that a failure to do so amounts to discrimination per se. The obligation to carry out a risk assessment is triggered only in certain circumstances.
The Employment Appeal Tribunal (EAT) has held that the requirement to assess the safety risks to a pregnant employee is met by recording the risks then passing on the findings of the assessment orally to the employee.
This week's case of the week, provided by Allen & Overy, covers the right to return to the same job after maternity leave.
In Blundell v The Governing Body of St Andrew's Catholic Primary School and another EAT/0329/06, the Employment Appeal Tribunal (EAT) has considered the right to return to the same job after maternity leave.
This week's case of the week, provided by Osborne Clarke, covers the burden of proof in discrimination cases.
HR and legal information and guidance relating to pregnancy or maternity discrimination under the Sex Discrimination Act 1975.