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Simpson v Endsleigh Insurance Services Ltd and Others: EAT 27 Aug 2010

EAT SEX DISCRIMINATIONBurden of proofPregnancy and discriminationUNFAIR DISMISSAL – Automatically unfair reasonsRegulation 10(3)(a) and Regulation 10(3)(b) of the Maternity and Parental Leave Regulations 1999 must be read together in determining whether there is a suitable available vacancy under Regulation 10(2). Judges: Ansell J Citations: [2010] UKEAT 0544 – 09 – 2708, [2011] ICR 75 Links: … Continue reading Simpson v Endsleigh Insurance Services Ltd and Others: EAT 27 Aug 2010

Royal Bank of Scotland Plc v Harrison: EAT 27 Jun 2008

EAT TIME OFF: Parental leave/dependant The employee was told on 8 December that her childminder was unavailable for 22 December. She did all she could to make alternative care arrangements but was unsuccessful. She asked the employers for the day off, under s57A(1)(d) of the Employment Rights Act 1996, but they refused and subsequently disciplined … Continue reading Royal Bank of Scotland Plc v Harrison: EAT 27 Jun 2008

Dr Anya v University of Oxford and Another: CA 22 Mar 2001

Discrimination – History of interactions relevant When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality of the evidence on any material … Continue reading Dr Anya v University of Oxford and Another: CA 22 Mar 2001

Hair Division Ltd v Macmillan: EAT 12 Oct 2012

EAT Sex Discrimination : Direct Inferring discrimination – Discrimination. Pregnancy. Statutory Maternity Leave/Pay. Tribunal erred in approaching employee’s allegation of discrimination on the basis that employer had wrongly denied that she was entitled to maternity leave/pay when (a) they had no jurisdiction to determine a dispute over such entitlement, and (b) even if they had, … Continue reading Hair Division Ltd v Macmillan: EAT 12 Oct 2012

Qua v John Ford Morrison (Solicitors): EAT 14 Jan 2003

The claimant appealed the refusal of her claim for a finding that her dismissal was automatically unfair. She had been employed for less than a year, and had taken several absences to care for her child. She claimed protection saying that her absences had been ‘dependants leave’. Held: When considering such a claim, the tribunal … Continue reading Qua v John Ford Morrison (Solicitors): EAT 14 Jan 2003

Cortest Limited v O’Toole: EAT 7 Nov 2007

The tribunal was asked, inter alia, whether the tribunal had erred in law in determining that a father’s request for ‘a month or two’ of unpaid leave to look after his children, when his partner had unexpectedly left home, was a request to take off a reasonable amount of time because section 57A is intended … Continue reading Cortest Limited v O’Toole: EAT 7 Nov 2007

Sefton Borough Council v Wainwright: EAT 13 Oct 2014

EAT Maternity Rights and Parental Leave – Sex discrimination Unfair dismissal Return to work Maternity and Parental Leave Regulations 1999 (MAPL Regs) – regulation 10 – redundancy during maternity leave and entitlement to be offered suitable available vacancy. Equality Act 2010 (EqA) – section 18 – direct discrimination because of pregnancy and maternity Appeal against … Continue reading Sefton Borough Council v Wainwright: EAT 13 Oct 2014

Cumming v British Airways Plc: EAT 22 Jan 2021

The Claimant was a female member of British Airways (BA’s) Eurofleet aircrew. BA had a policy (accepted as being a PCP) that members of crew who took parental leave under the Maternity and Parental Leave etc Regulations 1999 would have one paid rest day removed for each three days’ parental leave taken in any monthly … Continue reading Cumming v British Airways Plc: EAT 22 Jan 2021

Secretary of State for Justice v Slee: CA 24 Jan 2011

The claimant had been found to have been unfailry dismissed by respondent, on the termination of her employment as an assistant Clerk to the Justices. The EAT had upheld her claim, but had at first rejected her claim for long-term and retirement compensation under the 1978 Regulations. On remittal of the case, they had found … Continue reading Secretary of State for Justice v Slee: CA 24 Jan 2011

Slee v Secretary of State for Justice (1): Admn 19 Nov 2007

The claimant sought compensation under the Regulations as a result of her dismissal on the re-organisation of the Magistrates Court at Wimbledon from her position as court clerk. The EAT had allowed her claim for unfair dismissal. Her position on the re-organisation had been ring-fenced, for a choice between herself and a co-worker, but she … Continue reading Slee v Secretary of State for Justice (1): Admn 19 Nov 2007

Secretary of State for Justice v Slee: EAT 19 Jul 2007

EAT Unfair Dismissal – Constructive dismissalMaternity Rights and Parental Leave – Sex discriminationThe Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the Employment Tribunal that:(a) Ms Slee (‘the Claimant’) had been constructively unfairly dismissed by The Department for Constitutional Affairs (‘the Respondent’);(b) The Respondent had failed to offer to the … Continue reading Secretary of State for Justice v Slee: EAT 19 Jul 2007

Really Easy Car Credit Ltd v Thompson: EAT 3 Jan 2018

EAT MATERNITY RIGHTS AND PARENTAL LEAVE – Unfair dismissal SEX DISCRIMINATION – Pregnancy and discrimination SEX DISCRIMINATION – Burden of proof Automatic unfair dismissal by reason of pregnancy – section 99 Employment Rights Act 1996 and regulation 20 Maternity and Parental Leave etc Regulations 1999 Pregnancy discrimination – section 18 Equality Act 2010 Burden of … Continue reading Really Easy Car Credit Ltd v Thompson: EAT 3 Jan 2018

Peninsula Business Services Ltd v Donaldson: EAT 9 Mar 2016

EAT (Maternity Rights and Parental Leave) Sex discrimination A pregnant employee refused to enter a salary sacrifice scheme operated by the Respondent under which childcare vouchers were provided because its terms required her to agree that during periods of maternity leave the entitlement to vouchers for which salary would be sacrificed would be suspended. An … Continue reading Peninsula Business Services Ltd v Donaldson: EAT 9 Mar 2016

Kelly v Secretary of State for Justice: EAT 25 Nov 2013

EAT Maternity Rights and Parental Leave : Return To Work – The Tribunal appears to have concluded, in relation to Regulation 18 of the Maternity and Paternal Leave Regulations 1999, that because the contract of employment of the Appellant, a Prison Mental Health Lead, described her as a Prison Officer, therefore it must be suitable … Continue reading Kelly v Secretary of State for Justice: EAT 25 Nov 2013

Langford v East Sussex County Council: EAT 12 Nov 2013

EAT Unfair Dismissal : Reasonableness of Dismissal – MATERNITY RIGHTS AND PARENTAL LEAVE – The decision of the Employment Tribunal that the dismissal of the Claimant for redundancy was fair was based on an erroneous view of the content of jobs that may have been available to be offered to her. Further, in assessing the … Continue reading Langford v East Sussex County Council: EAT 12 Nov 2013

Yeboah v Crofton: CA 31 May 2002

The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order. Held: The EAT must be careful not to take disagreements as to findings on facts as faults in law. No appeal on a question of law should … Continue reading Yeboah v Crofton: CA 31 May 2002

Rodway v New Southern Railways Ltd (formerly South Central Trains Ltd): CA 18 Apr 2005

The claimant had been entitled to parental leave. He had complained that he had not been allowed to take a day’s leave to look after his child. The employer said that the regulations only allowed a minimum of one week’s leave to be taken at a time. . .