Issue 712

More flexible jobs needed

Marking International Women’s Day, the Minister for Women and Equalities called for employers to normalise the option of flexible working for employees as part of the recovery plans from the coronavirus (Covid-19) pandemic (...).

Comparing childcare responsibilties

To make a successful complaint of indirect discrimination, claimants have to show that there was a provision, criterion or practice which put them at a particular disadvantage compared to another group. In Cumming v BA, the Employment Appeal Tribunal held that the pool for comparison was the number of female cabin crew members with childcare responsibilities compared to the number of male cabin crew members with childcare responsibilities (...).

Protecting disabled workers

The Equal Treatment Directive provides that it is direct discrimination to treat a disabled worker less favourably than another person on the grounds of disability. In VL v Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej w Krakowie, the Court of Justice of the European Union held that, while it is usual to compare the treatment with someone who does not have a disability, direct discrimination may still occur if a comparison is made with other workers who also have disabilities (...).