This week, Simon, David, and Imogen discuss the case of Miss Allen v Primark Stores Limited.
We discuss the Claimant’s successful appeal to the EAT and the decision that in claims for indirect discrimination, the comparison pool should be matched to the relevant provision, criterion, or practice (PCP).
The case involved the Claimant making a flexible working request and having a requirement imposed on her to guarantee her availability to work the late shift on Thursdays each week.
The Claimant argued that this put her, as a woman, at a substantial disadvantage given her childcare responsibilities, having made the flexible working request on maternity leave in advance of her return to work.
The Claimant subsequently resigned, claiming constructive (unfair) dismissal and indirect sex discrimination.
We discuss the implications of the EAT’s finding, having now been remitted for re-hearing.
Having A NatteRR - Interview with Danny Posthill
Having A NatteRR - Series 2: Episode 11
Having A NatteRR - Series 2: Episode 10
Having A NatteRR - Interview with Ann Francke OBE (Chief Executive of the Chartered Management Institute)
Having A NatteRR - Series 2: Episode 9
Having A NatteRR - Webinar: Furloughed Workers
Having A NatteRR - Series 2: Episode 8
Having A NatteRR - Series 2: Episode 7
Having A NatteRR - Series 2: Episode 6
Having A NatteRR - Series 2: Episode 5
Having A NatteRR - Series 2: Episode 4
Having A NatteRR - Series 2: Episode 3
Having A NatteRR - Series 2: Episode 2
Having A NatteRR - Series 2: Episode 1
Having A NatteRR - Webinar: Employers: Keep Calm and Listen to Sexual Harassment Claims
Having A NatteRR - Webinar: Grievance Investigations and Hearings
Having A NatteRR - Webinar: Harassment and Bullying
Having A NatteRR - Webinar: Managing Sickness Absence
Having A NatteRR - Webinar: Menopause in the Workplace
Having A NatteRR - Webinar: Redundancy
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