Jo Broadbent, counsel knowledge lawyer at Hogan Lovells, guides you through the fundamentals of handling flexible working requests and discusses the future of flexible working in the post-pandemic workplace.
In Follows v Nationwide Building Society, the employment tribunal held that requiring the senior manager, who is the primary carer for her disabled mother, to be office based amounted to indirect disability discrimination by association.
Updated to include information on the Government's consultation on disability workforce reporting, launched on 16 December 2021.
Updated to include information on the Government's response to its consultation on sexual harassment in the workplace.
Updated to include information on Commissioner of the City of London Police v Geldart, in which the Court of Appeal examined the correct approach to direct pregnancy and maternity discrimination.
In Cumming v British Airways plc, the Employment Appeal Tribunal held that, when deciding if the employer's policy on childcare was indirectly discriminatory, the correct pool for comparison should include only employees with childcare responsibilities.
In Heskett v Secretary of State for Justice, the Court of Appeal confirmed that, while cost alone is not sufficient, the employer's need to reduce expenditure due to budgetary constraints imposed by the Government is a legitimate aim, and the discriminatory pay policy a proportionate means of achieving that aim.
In Broadist v HM Prison Service, an employment tribunal found that the employer's refusal to allow a semi-retired dog handler to remain working on a part-time basis with an alternative dog, after his dog had died, amounted to indirect age discrimination.
In Badara v Pulse Healthcare Ltd, the Employment Appeal Tribunal held that the employer should not have relied solely on negative Home Office checks when it dismissed the employee for failing to provide right to work documentation.
Updated to include information on Pitcher and others v University of Oxford, in which the EAT considered different conclusions reached by two separate tribunals on the proportionality of the employer’s retirement age policy.
HR and legal information and guidance relating to indirect discrimination.
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