EAT SEX DISCRIMINATION
Burden of proof
Pregnancy and discrimination
UNFAIR DISMISSAL – Automatically unfair reasons
Regulation 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:
Statutes:
Maternity and Parental Leave Regulations 1999 10(3)(a) 10(3)(b), Employment Rights Act 1996 99, Council Directive 92/85/EC of 19 October 1992 on the introduction of measures to encourage improvement in the safety and health at work of pregnant workers and workers who have recently given birth or breast feeding, Council Directive 89/391/EEC 16(1), Council Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation
Citing:
Cited – Shamoon v Chief Constable of the Royal Ulster Constabulary HL 27-Feb-2003
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination.
Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It . .
Cited – Fletcher, Parkes, Wilkinson v NHS Pensions Agency/Student Grants Unit the Secretary of State for Health EAT 3-Jun-2005
EAT An appeal from the dismissal of their sex discrimination claim by trainee midwives in the NHS, from whom the facility of a bursary was withdrawn during authorised absence from their training for a specified . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 23 August 2022; Ref: scu.423246