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Clear evidence of direct discrimination is uncommon, but an employer's unfair actions can often lead to an inference of discrimination, as this case demonstrates.
In Atkins v Coyle Personnel plc EAT/0206/07, the EAT held that, for an employee to claim successfully that his dismissal was related to the fact that he had taken paternity leave, there must be a causal link between the dismissal and the leave.
This week's case of the week, provided by DLA Piper, covers pregnant workers.
Tina McKevitt, lecturer in employment law at University of Sheffield, provides a round-up of employment tribunal decisions on discrimination.
This month's case round up in brief.
A round up of recent cases, covering pregnancy dismissals, waiver clauses in fixed-term contracts and tribunal procedure.
There was no continuation of the contract of employment of an employee whose employer refused to allow her to come back to work eight months after she had left to have her baby, and who had failed to comply with the statutory requirements for the right to return to work after extended maternity leave, holds the EAT in Crouch v Kidsons Impey.
An employee who exercised her right to return to work after extended maternity leave by giving proper notice, but who was prevented by illness from attending for work on the notified date and was not allowed back, was unfairly dismissed, holds the Court of Appeal in Halfpenny v IGE Medical Systems Ltd.
HR and legal information and guidance relating to automatically unfair dismissals for family-related reasons.