Workplace Report February 2011

Law - Discrimination

Discrimination — the key developments

• Where an employee is disabled and needs to have adjustments made to his or her role, the employer is responsible for suggesting what adjustments would be suitable (case 1).

• Where an employer offers enhanced maternity pay, it should also offer the same pay supplements to the partners of recent mothers taking Additional Paternity Leave (case 2).

• If the reason for discriminating against someone is on the grounds of cost, although discrimination has taken place it may be objectively justified and therefore not unlawful (case 3)

• Someone undertaking unpaid voluntary work is generally unlikely to be entitled to bring a discrimination claim (case 4).

• Where services provided to a group with a protected characteristic are re-targeted at a broader group, the effect of that re-targeting could be discriminatory (case 5).

• Where a group of individuals with an equal pay claim fail to lodge in the tribunal within six months of the end of their employment, they may still be able to pursue compensation through the High Court (case 6).

The full judgments of the cases reported here can be found free of charge at www.bailii.org, while the relevant legislation is available to view at www.legislation.gov.uk/