This week's case round-up from Eversheds covers racial discrimination and termination on the grounds of ill health.
In Lommers v Minister van Landbouw, Natuurbeheer en Visserij (19 March 2002), the European Court of Justice upholds a policy in a Dutch civil service department which offers subsidised childcare places only to female employees. The ECJ says that the scheme does not contravene EU law so long as it is also available on the same conditions to men who are single parents.
In Scott v MPFS (Insurance Services Ltd) a Central London County Court (Judge Hallgarten QC) has ruled that the underwriters of the Metropolitan Police medical insurance fund did not unlawfully discriminate on grounds of sex by reducing benefits payable to women police officers in respect of permanent total disablement to half of those payable to male police officers.
A restriction in an insurance policy underwriting a contractual permanent health insurance scheme, which disentitled an employee to benefits on leaving service, was not incorporated by reference or implication into his contract of employment, holds the High Court in Villella v MFI Furniture Centres Ltd.
A female employee who was unjustifiably excluded from appraisals and the benefits of a profit-share scheme and a one-off share issue because she was a casual employee, was indirectly discriminated against on grounds of sex, holds an Ashford employment tribunal (Chair: D E de Saxe) in Buckle v Abbey National plc.
In Sharratt v Barclays Bank plc a Manchester employment tribunal (Chair: P J Russell) holds that it was not sex discriminatory to withdraw a company car allowance from a woman on maternity leave.
In Grant v South West Trains Ltd the High Court has rejected a claim that denial of travel benefits to the same-sex partner of a female employee was in breach of her contract of employment.
HR and legal information and guidance relating to benefits.