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28 April 2011 / Peter Breakey
Issue: 7463 / Categories: Opinion , Discrimination
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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.

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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