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Equality Case Law, an overview A talk by David Sorensen, Partner Morrish Solicitors LLP

Equality Case Law, an overview A talk by David Sorensen, Partner Morrish Solicitors LLP To The Institute of Employment Rights, 5 October 2017. If you can’t join ‘ em , beat ‘ em !. The Government Legal Service v Ms Terri Brookes UKEAT/0302/16 Disability related discrimination

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Equality Case Law, an overview A talk by David Sorensen, Partner Morrish Solicitors LLP

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  1. Equality Case Law, an overview A talk by David Sorensen, Partner Morrish Solicitors LLP To The Institute of Employment Rights, 5 October 2017

  2. If you can’t join ‘em, beat ‘em! • The Government Legal Service v Ms Terri Brookes UKEAT/0302/16 • Disability related discrimination • Reasonable Adjustments • Asperger’s Syndrome • Fixed recruitment testing process • Failed recruit takes on HM Government and wins, twice!

  3. Shared Parental Leave • Mr M Ali v Capita Customer Management Limited (Leeds ET) • Male employee refused shared parental leave at full pay when female colleague would have received it at full pay. • On appeal to the EAT – 20/21 December 2017. • However: • Mr A Hextall v Chief Constable of Leicestershire Police (Leicester ET) • “a bold and ingenious attempt”…. • On appeal to the EAT – 16 January 2018.

  4. Maternity Leave • Interserve FM Limited v TuleikyteUKEAT/0267/16 • Automatic issuing of P45 and “cleansing” of records • Female employee on maternity leave • A “somewhat difficult case” • ET failed to apply the “reason why” test

  5. Equal pay avoidance (1) • Asda Stores Ltd v Brierley and others UKEAT/0011/17 • Was a pay comparison between supermarket retail employees with distribution depot employees successful?

  6. Equal pay avoidance (2) • Farmah and others v Birmingham City Council UKEAT/0286/15 • Multiple equal pay claims issued correctly? • Asda again…..

  7. Burden of Proof • Efobi v Royal Mail Group Limited UKEAT/0203/16 • Where does the burden of proof lie – Claimant or Respondent? • How to get to “first base”?

  8. Any Questions ?

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