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Sex discrimination: No compensation for unintentional indirect discrimination

This report relates to 1 case(s)

In MacMillan v Edinburgh Voluntary Organisations Council, the EAT holds that the Sex Discrimination Act 1975, when properly construed in the context of the Equal Treatment Directive, does not allow an industrial tribunal to award compensation for unintentional indirect sex discrimination. To hold otherwise would involve an impermissible distortion of the clear meaning of the relevant provisions of the Act. As a result, a part-time worker who was dismissed when she refused to increase her hours to do full-time work was not entitled to an award of compensation even though the requirement was indirectly discriminatory.