header-logo header-logo

28 April 2011 / Peter Breakey
Issue: 7463 / Categories: Opinion , Discrimination
printer mail-detail

Out of proportion

There is a fine line between protection & unfairness in sex discrimination cases, says Peter Breakey

The decision in Eversheds v De Belin (UKEAT, heard on 1 and 2 December 2010) will be welcomed by those who are exasperated by what they perceive as the often unfair consequences of the “equalities agenda”. The Employment Appeal Tribunal (EAT) has made it clear that although women who are pregnant or are on maternity leave may be entitled to more favourable treatment than their colleagues, any such treatment must not go beyond what is reasonably necessary. If the favourable treatment is disproportionate, a male employee who is adversely affected will have grounds for a sex discrimination claim.

Maximum marks

In 2009 Eversheds needed to make an associate lawyer redundant. There were two associates in the relevant team, De Belin and a woman, who was on maternity leave. Selection was based on their total scores across a range of performance criteria but, because of her absence, it was impossible to assess the woman associate on one particular element.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll