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.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
Zero-hours contracts: new consultation on tackling avoidance of forthcoming ban on exclusivity clauses
The government has published a new consultation seeking views on avoidance of the forthcoming ban on exclusivity clauses in zero-hours contracts.
From 5 April 2015, eligible employees will have the right to opt into a new system of shared parental leave.
Analysis from The Lawyer
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?
The past five years have not been easy for Addleshaw Goddard. The firm’s revenue fell 7 per cent from £173.1m to £161.9m between 2008/09 and 2010/11 and despite finances looking up in 2011/12, when Addleshaws reported a 30 per cent increase in net profit, it has shown no notable compound growth in turnover since 2007/08.