Pregnant fixed-term workers gain protection of the law

This report relates to 7 case(s)

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  Barlow v Southwark London Borough Council [2001] All ER (D) 360 (Oct) EAT (0 other reports)
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  Callagan v Glasgow City Council [2001] IRLR 724 EAT (1 other report)

  • Disability discrimination: Dismissal of disabled employee justified under DDA

    Date:

    14 January 2002

    In Callagan v Glasgow City Council, the EAT upholds an employment tribunal's decision that an employer was justified, within the meaning of the Disability Discrimination Act 1995, in dismissing a disabled employee who had a poor attendance record.

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  Cruickshank v VAW Motorcast Ltd [2002] IRLR 24 EAT (2 other reports)

  • Fluctuating effects of impairment

    Date:

    1 February 2002

    In Cruickshank v VAW Motorcast Ltd (25 October 2001), the EAT rules that where the effects of an impairment on ability to carry out normal day-to-day activities are exacerbated by conditions at work, a tribunal should consider whether the impairment has a substantial and long-term adverse effect on the employee's ability to perform normal day-to-day activities both while actually at work and while not at work.

  • Case roundup: Disability discrimination and pregnancy related dismissal

    Date:

    13 November 2001

    This week's case roundup, covering disability discrimination and a pregnancy related dismissal.

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  Duru v Granada Retail Catering Ltd [2001] All ER (D) 97 (Jul) EAT (1 other report)

  • Case roundup: Long-term sickness and settling claims

    Date:

    27 November 2001

    This week's case roundup, covering frustration of a contract as a result of long-term sickness and settling claims.

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  Hogan v Cambridgeshire County Council [2001] All ER (D) 482 (Jul) EAT (3 other reports)

  • On appeal

    Date:

    15 January 2002

    Continuing our regular series on the implications of recent significant cases. James Humphery, partner at Trethowans Solicitors, Southhampton, looks at the issues.

  • Case roundup: Long-term sickness and settling claims

    Date:

    27 November 2001

    This week's case roundup, covering frustration of a contract as a result of long-term sickness and settling claims.

  • Frustration of contract: Contract frustrated by long-term sickness

    Date:

    1 November 2001

    In Hogan v Cambridgeshire County Council, the EAT upheld the finding of an employment tribunal that an employee's contract of employment had been frustrated by long-term incapacity due to sickness.

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  London Clubs Management Ltd v Hood [2001] IRLR 719 EAT (2 other reports)

  • Disability discrimination: Failure to pay contractual sick pay to disabled employee was not discriminatory

    Date:

    11 February 2002

    In London Clubs Management Ltd v Hood, the EAT holds that an employer's failure to continue to pay a disabled employee contractual sick pay for his sickness absences from work was not for a reason relating to his disability and so did not amount to discriminatory treatment under the statutory provisions.

  • Case roundup: Constructive dismissal and disability discrimination

    Date:

    6 November 2001

    This week's case roundup, covering what constitutes constructive dismissal and reasonable adjustments within disability discrimination.

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  Tele Danmark A/S v Handels- og Kontorfunktionaerernes Forbund i Danmark (HK), acting on behalf of Brandt-Nielsen [2001] IRLR 853 ECJ (7 other reports)

  • Sex discrimination: Dismissal of pregnant women on fixed-term contracts constituted sex discrimination

    Date:

    14 January 2002

    In Jiménez Melgar v Ayuntamiento de Los Barrios and Tele Danmark A/S v Handels-og Kontorfunktionærernes Forbund i Danmark (HK) (acting for Brandt-Nielsen), the European Court of Justice holds that the prohibitions against the dismissal of pregnant workers, women who have recently given birth and breastfeeding mothers on the ground of their condition, as laid down in the Pregnant Workers' and Equal Treatment Directives, also applied in the case of such women who were employed under fixed-term contracts.

  • Pregnant woman protected in short-term job

    Date:

    1 January 2002

    In Tele Danmark v HK (acting on behalf of Brandt-Nielsen) (4 October 2001), the European Court of Justice rules that a woman is protected under EU law from being dismissed on pregnancy grounds even where because of her pregnancy she is unable to work during a substantial part of the term of a short-term contract.

  • Sex discrimination: Temporary workers win protection

    Date:

    17 December 2001

    Temporary workers who are pregnant when they apply for a job or who become pregnant while doing it have won the right to the same protection as permanent employees under the Pregnant Workers' and Equal Treatment Directives.

  • EC: ECJ case law round-up

    Date:

    1 December 2001

    In our latest round-up of decisions of the European Court of Justice, we focus on working time, pregnancy-related dismissals in the context of temporary working, further developments in case law on the meaning of a transfer for the purposes of the business transfers Directive and, finally, health and safety in relation to display screen equipment.

  • Pregnancy offers no bar to fixed term contracts

    Date:

    27 November 2001

    A known state of pregnancy does not protect employers from discrimination liability - even if witheld at interview

  • Case roundup: Disability discrimination and pregnancy related dismissal

    Date:

    13 November 2001

    This week's case roundup, covering disability discrimination and a pregnancy related dismissal.

  • Dismissal of pregnant worker seen as sex bias

    Date:

    6 November 2001

    A recent European ruling found in favour of a fixed-term worker dismissed on the grounds of her pregnancy