Sex discrimination

Withdrawal of flexible working arrangements was sex discrimination

An employer discriminated against a female employee by revoking her part-time working agreement.
Solicitors Regulation Authority v Mitchell

Curing’ indirect discrimination via successful internal appeal

An employer’s potential act of indirect sex discrimination in refusing a request for flexible working from a woman on maternity leave was effectively ‘cured’ by a successful internal appeal.
Little v Richmond Pharmacology Ltd

Injury to feelings and aggravated damages: exclusion from severance scheme

An employee, discriminated against by being refused access to a voluntary severance scheme, was entitled, as compensation, to the full severance payment she would have received, with no deduction to reflect the fact that she remained in her job. Her injury to feelings award of £12,000 was justified but the aggravated damages award of £5,000 was not.
HM Land Registry v McGlue

Proving discrimination: job applicant's right to recruitment information

European law does not entitle a job applicant to force a prospective employer to disclose why he or she wasn’t successful, in order to establish facts on which to base a discrimination case. However, an employer’s refusal to grant access to such information may be taken into account by national courts when establishing facts from which direct or indirect discrimination can be inferred.
Meister v Speech Design Carrier Systems GmbH

Comment about pregnancy wasn’t sexual harassment

Context is all where discrimination is involved. A female employee was not sexually harassed when her manager, during a heated exchange about her pay, accused her of lying about her pregnancy and miscarriage. The remark, while unpleasant and unacceptable, was made in a particular context in which the words did not relate to the employee’s pregnancy but to lying generally, and so was not inherently discriminatory.
Warby v Wunda Group plc

Disciplinary proceedings and maternity leave

While a woman may be placed at a disadvantage because she is a nursing mother on maternity leave in, for example, being called to attend a disciplinary hearing, that does not automatically make her treatment direct sex discrimination. A tribunal must establish what the reason is for the disadvantageous treatment - behaviour may be unreasonable without being discriminatory.
Chief Constable of Hampshire Constabulary v Haque
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