The EAT confirmed in the case of Hextall v Chief Constable of Leicestershire police it is possible that not enhancing shared parental pay to the same rate as maternity pay could be indirect discrimination on the grounds of sex. The EAT did not come to a decision as to whether the employer had indirectly discriminated…
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What do we already know? We updated you in our March 2017 Newsletter Government reforms (2): Discrimination and dress codes that the Government had indicated that it would take strong action to tackle sex discrimination at work, including discriminatory dress codes. This was particularly given a joint report by the House of Commons Petitions Committee and the…
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What do we already know? We updated you in our April 2018 Newsflash Sex discrimination and shared parental leave pay on the EAT decision in the case of Capita Customer Management Ltd v Ali. The EAT decided that the employer had not discriminated against its employee by paying him at its shared parental leave rate…
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What do we already know? We updated you in our June 2017 Newsletter Discrimination and shared parental leave pay on the case of Ali v Capita Customer Management Ltd. The Tribunal decided that the employer had discriminated against its employee, on grounds of sex, by not paying him his full salary when he was on…
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What do we already know? We updated you in our October 2017 Newsletter Case update (2): Sex discrimination – Pregnant workers on the case of Porras Guisado v Bankia SA. The Opinion of the Advocate General in this case was that pregnant workers are protected from the beginning of their pregnancy even if they have…
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Summary: Are pregnant workers protected from the beginning of their pregnancy, even before the employer is aware of the pregnancy? Yes, says Advocate General Sharpston in Porras Guisado v Bankia SA, available here. Facts:  The employee, Ms Porras Guisado was dismissed, whilst pregnant, by her employer, a Spanish bank, as part of a collective redundancy exercise.  Ms Porras…
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What do we already know? We updated you in our October 2016 Newsflash Gender pay gap – Equal pay case to proceed and our November 2016 blog What does ASDA mean for me? on the preliminary Tribunal decision in Brierley and others v. ASDA Stores Ltd that approximately 7,000 current and former ASDA store workers…
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Summary:  Is it direct sex discrimination not to pay full salary to a father taking shared parental leave, in circumstances where a mother taking maternity leave during the same period would have received full pay? Yes, says the Tribunal in Ali v Capita Customer Management Ltd, available here.   Facts:  The Employer, Capita Customer Management…
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What do we already know? We updated you in our March Newsletter Government reforms (2): Discrimination and dress codes that the Government had indicated that it would take strong action to tackle sex discrimination at work, including discriminatory dress codes, in light of a joint report by the House of Commons Petitions Committee and the…
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Summary:  When designing new roles during a business reorganisation, should consideration be given to the impact on staff who work flexibly, including designing roles to take account of existing flexible working arrangements? Yes, says the EAT in Fidessa Plc v Lancaster available here. Facts:  The employee, Ms Lancaster, had been employed full-time by the employer,…
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