Is it possible for an employer to 'cure' indirect sex discrimination by an internal appeal process?
The Employment Appeal Tribunal (EAT) has held that an employee did not suffer indirect sex discrimination where, at an internal appeal stage, her employer reversed its earlier decision to reject her flexible working request. It was held that the employee had not suffered any detriment as the decision was made while the employee was still on maternity leave (Little v Richmond Pharmacology).
The claimant was employed by Richmond Pharmacology Ltd as a sales executive. She commenced a period of maternity leave in September 2009 and was due to return to work in August 2010. While on maternity leave, the claimant submitted a flexible working request, asking that she be able to return to work on a part-time basis. Richmond refused the request and the claimant appealed the decision. However, prior to an appeal hearing being arranged, the claimant resigned.
Richmond asked the claimant to reconsider her resignation and arranged an appeal hearing. The appeal hearing took place and the claimant’s request for part-time working was granted (subject to a trial period). Notwithstanding this decision, the claimant affirmed her resignation and pursued claims for constructive unfair dismissal and indirect sex discrimination against Richmond…
If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
Update on credit developments.
An analysis of the CMA’s recent Crossrail decision.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?