Sexual Discrimination

Dobson v North Cumbria Integrated Care NHS Foundation Trust

  Introduction Hello and welcome to our case of the week blog. This week, we have an indirect sex discrimination claim. It concerns childcare responsibilities and flexible working. Facts Gemma Dobson was a community nurse for an NHS trust. She begun employment in 2004. In 2008, she submitted a flexible working request (to work the [...]

Breslin v Loughrey

Introduction Hello and welcome to our case of the week. This week we’re in Northern Ireland looking at a discrimination case. The case demonstrates that Tribunal’s aren’t afraid to award the maximum amount for injury to feelings in instances of particularly blatant discrimination. Facts Mr. Breslin (the Claimant) and Ms. Loughry (the Respondent) had known [...]

Taylor v Jaguar Land Rover

This week’s case focuses on the ever-topical issue of gender identity, and sheds light on a grey area of law that is bound to become increasingly important in the world of employment. Facts of the Case Rose Taylor is a former employee of Jaguar Land Rover. She had worked for the company for 20 years [...]

By |2020-11-19T10:17:45+00:00October 16th, 2020|Case of the Week - Blog, Sexual Discrimination|0 Comments

Sexual Harassment – EHRC releases new guidance

The Equality and Human Rights Commission has released guidance on how to approach sexual harassment issues at work, including that of harassment by a third party. Many of the points are not too dissimilar to Phil’s book on the subject but one of the key issues raised in the guidance is to be proactive and not sit on allegations [...]

Tabidi v British Broadcasting Corporation (BBC)

Another Friday is upon us which means it is time for another dose of case law. Last week was our monthly employment law update with features on the women’s US equal pay dispute, bullying and harassment at the Ministry of Defence and Orange and holiday pay life leave at Molson Coors brewers. Prior to that, […]

By |2019-12-15T13:43:18+00:00August 1st, 2019|Sexual Discrimination|0 Comments

Ali v Capita Customer Management Ltd & Hextall v Chief Constable of Leicestershire Police

Hello and, following a prolonged absence, welcome back to your case law update. Given your time and patience, this will hopefully resume the title of weekly case law update! Those of you with fantastic memories will recall our previous update was our April Newsletter which had features on NDAs and Injury to Feeling awards. Before that, our previous case law update concerned written terms and conditions of employment.

Lozaique v Tesco Stores Ltd

Our next case, as the name states, concerns supermarkets. However, unlike our previous updates about supermarkets, this is not a multi-claimant equal pay claim. Instead, this case concerns unlawful deductions, overtime clauses and trade union collective agreements. The question in this case is: Does a collective agreement reducing the premium pay for overtime automatically form […]

The Governing Body of Tywyn Primary School v Aplin

This week we are looking at sexual orientation discrimination and constructive dismissal. Those of you with good memories may remember we recently covered a race discrimination case that focused on the burden of proof for discrimination claims. In short, if the employee can establish a prima-facie case of discrimination, the burden of proof shifts onto […]

By |2019-12-23T17:53:22+00:00April 5th, 2019|Constructive Dismissal, Sexual Discrimination|0 Comments

Lee v Ashers Baking Company Ltd

Good morning and welcome back to your weekly case law update. You may have noticed that last week’s case on sexual harassment was an ET case and thus not binding precedent in future cases. The reason this case was covered was due to a dearth of recent cases with practical implication. This shortage has continued […]

Lighter Side of News – British Airways Worker Sacked for Having a Man Bun

As always, we round off the newsletter with another light-hearted tabloid topping tale. Every month we try and bring to you the most ridiculous stories as found in the Sun and/or Daily Mail. This month’s entrant goes to a British Airways employee, Sid Ouared. Sid was dismissed from his job at British Airways, just two […]

By |2019-12-24T15:48:58+00:00August 31st, 2018|Lighter Side of the News, Sexual Discrimination|0 Comments

Sex Discrimination – Dress Code Guidance Released

You may remember the PwC high heels scandal of 2016 where a female employee was sent home for failing to wear heels that were 2-4 inches high. Like any moment of national outrage, petitions were launched and a shift in attitude/law was expected. Dress Code Guidance Released Well, after hearing evidence from hundreds of women who have […]

Capita v Ali

The history about the employability, mobility and equality of female employees is one that often hangs on pregnancy and maternity. Whilst it is discriminatory and illegal to treat women unfavourably due to pregnancy and/or maternity, many employers wrongly perceive female employees as an absence risk, commitment or financial risk due to the fact they might […]

Maternity and Sex Discrimination – Are Employers Up To Date?

A recent survey of over 1,000 business decision makers by the Equality and Human Rights Commission has found that a large proportion of employers hold antiquated views. Maternity and sex discrimination in the workplace: Nearly half of employers think it is acceptable to ask a female applicant if she has children during an interview (46%) […]