EAT Sex Discrimination: Direct – Pregnancy and discrimination
In respect of a single finding of unfavourable treatment because of absence on maternity leave under section 18(4) Equality Act 2010, the Employment Tribunal did not apply the correct legal test, wrongly treating the case as a ‘criterion’ type case rather than a ‘reasons why’ type case: Taiwo and Anor v Olaigbe and Ors [2016] UKSC 31 applied. This approach is appropriate in a direct discrimination claim under section 18 just as under section 13 Equality Act 2010. The fact that indirect discrimination cannot be pursued on the basis of pregnancy or maternity leave under section 19 does not alter the position either.
Judges:
Simler DBE P J
Citations:
[2017] UKEAT 0267 – 16 – 1403
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 24 March 2022; Ref: scu.582062
