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A critical look at recent equality developments in employment law, including equal pay, disability discrimination, maternity leave, racial grounds, and age discrimination.
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This equipment was donated by Thompsons solicitors Employment Law Update: Protecting Vulnerable Workers; Promoting Equality at Work Wednesday 4th October 2006
A Critical Glance at Equality Developments Aileen McColgan King’s College London and Matrix Chambers Institute of Employment Rights Employment Law Update 4th October 2006
Equal Pay: shifting the burden of proof The question: when does the duty to provide objective justification arise? • The background: Strathclyde Regional Council (HL) v Brunnhofer (ECJ) • Recent developments: Armstrong v Newcastle upon Tyne NHS Hospital Trust [2006] IRLR 124 v Sharp v Caledonia Group Services Ltd[2006] IRLR 4/ Villalba v Merrill Lynch & Co Inc [2006] IRLR 437 Institute of Employment Rights Employment Law Update 4th October 2006
Equal Pay: choosing comparators • Establishing indirect pay discrimination: Cheshire & Wirral Partnership NHS Trust v Abbott [2006] IRLR 546 • Cf Rutherford v Secretary of State for Trade and Industry (No.2) [2006] IRLR 551 Institute of Employment Rights Employment Law Update 4th October 2006
Disability Discrimination • Sickness dismissals: Royal Liverpool Children’s NHS Trust v Dunsby[2006] IRLR 351 • “a reason related to dismissal”: Taylor v OCS Group Ltd [2006] IRLR 613 • “sickness” v “disability”: Chacón Navas v Eurest Colectividades SA[2006] IRLR 706 Institute of Employment Rights Employment Law Update 4th October 2006
Disability Discrimination: a duty to consult? • Rothwell v Pelikan Hardcopy ScotlandLtd[2006] IRLR 24 / Southampton City College v Randall[2006] IRLR 18 • Tarbuck v Sainsbury’s Supermarkets Ltd [2006] IRLR 664 Institute of Employment Rights Employment Law Update 4th October 2006
Pregnancy / maternity leave • Sarkatzis Herrero v Instituto Madrileño de la Salud [2006] IRLR 296 Calls into question the domestic approach to “additional maternity leave” Institute of Employment Rights Employment Law Update 4th October 2006
“On racial grounds” • Redfearn v Serco Ltd [2006] IRLR 623 “on racial grounds” does not extend to “on grounds of being racist” Institute of Employment Rights Employment Law Update 4th October 2006
Age Discrimination • The new Regulations • The shortcomings • The problem: Mangold v Helm [2006] IRLR 143 Institute of Employment Rights Employment Law Update 4th October 2006